15 April 2014

ARTICLE: Legal Modernity and Early Amerindian Laws

The Indigenous Nations & Peoples Law eJournal has published "Legal Modernity and Early Amerindian Laws" by William Conklin. It is now available on SSRN.

This essay claims that the violence characterizing the 20th century has been coloured by the clash of two very different senses of legal authority. These two senses of legal authority correspond with two very different contexts of civil violence: state secession and the violence characterizing a challenge to a state-centric legal authority. Conklin argues that the modern legal authority represents a quest for a source or foundation. Such a sense of legal authority, according to Conklin, clashes such a view with the unwritten laws of early Amerindian traditional societies. Conklin argues further that by arguing that the Amerindian sense of legal authority has been concealed in the dominant modern sense of legal authority.

WORKSHOP: Workshop on Malinowski

 The Commission on Legal Pluralism has announced a workshop on “Malinowski’s Concept of Law from the Native’s Point of View.”
http://groupspaces.com/CLP/?utm_medium=email&utm_source=group-mail&utm_term=group-mail-6385Bronislaw Malinowski’s 130th Birth Anniversary International Workshop. Time: 12-13 September, 2014. Place: Cracow (Poland).
Organizers: Department of Sociology of Law, Jagiellonian University, Cracow (Poland) and International Institute for the Sociology of Law, Oñati (Spain). Participants are invited to send for information about participation in and to submit a short (300 word) abstract of the paper by 1 June 2014. For more information:

Workshop Overview

BOOK: Advanced Introduction To Comparative Constitutional Law

http://www.e-elgar.com/bookentry_main.lasso?id=15009Edward Elgar Publishing has recently published Advanced Introduction To Comparative Constitutional Law by Mark Tushnet.

Description Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by some of the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.

Mark Tushnet, a world-renowned scholar of constitutional law, presents an introduction to comparative constitutional law through an analysis of topics at the cutting-edge of contemporary scholarship. His authoritative study investigates constitution making, including the problem of unconstitutional constitutional amendments; recent developments in forms of constitutional review, including ‘the battle of the courts’; proportionality analysis and its alternatives; and the emergence of a new ‘transparency’ branch in constitutions around the world. Throughout, the book draws upon examples from a wide range of nations, demonstrating that the field of comparative constitutional law now truly encompasses the world.

Contents

Contents: Introduction 1. Constitution-Making 2. The Structures of Constitutional Review and Some Implications for Substantive Constitutional Law 3. The Structure of Rights Analysis: Proportionality, Rules, and International Law 4. The Structure of Government Conclusion Index

09 April 2014

ARTICLE: Prof. George Emile Bisharat on Anthropology and Law as Two Sibling Rivals

Prof. George Emile Bisharat of University of California Hastings College of the Law on Anthropology and Law as Two Sibling Rivals
 
Abstract: 
 
This lecture discusses the relationship between two academic disciplines, law and anthropology, and suggests that the optimal relationship is, on the one hand, competitive and conflictual, and on the other hand, mutually respectful and supportive — something like the relationship between two sibling rivals. The conflictual aspects of this relationship derive from the different orientations of the two fields — instrumental for law, speculative for anthropology — and the fact that anthropology, based on long-term ethnography, often challenges and subverts law’s claims to distinctive authority. The positive aspects of the relationship build on the possibilities that each field can genuinely assist the other, as anthropological understanding can be extremely useful to lawyers, while lawyers are often the legal system’s most astute observers and critics, and thus can provide anthropologists with invaluable insights into the actual operations of legal systems. These points are illustrated through references to the author’s fieldwork in Palestine and legal practice experience in the United States.

ARTICLE: Sir Geoffrey Palmer QC on The hazard of making Constitutions: some Reflections on Comparative Constitutional Law

The Hazard of making constitutions: some reflections on Comparative Constitutional Law
Roles and Perspectives in New Zealand Law: Essays in Honour of Sir Ivor Richardson, David Carter and Matthew Palmer, eds., 2002 (Victoria University of wellington Legal Research Paper Series Palmer Paper No. 4) by Geoffrey Palmer QC, Victoria University of Wellington
Email: geoffrey.palmer@vuw.ac.nz 

Abstract:
The organisers of this Conference invited the author to contribute a paper on making constitutions, which drew on his perspectives as a lawyer, academic, and former politician. A number of the observations flow from his experience practicing exclusively in the field of public law, of dealing with governments on a variety of issues on behalf of clients and seeing, on a daily basis, the subtleties, complexities, and mutations that occur constantly within the New Zealand system of government. The second strand of the paper comes from teaching comparative constitutional law in the United States of America, concentrating upon a comparison of the Westminster system and congressional government, or in the more modern characterisation, presidential government as practised in the United States. The degree of suspicion of State power and the manner in which it is exercised is one of the eternal themes of constitutional law in all countries. There are some wonderful harmonies and dissonances between the United States system and the Westminster system. These two systems are the competing model for emerging nations to emulate, at least to some degree, when approaching the task of constitution building.

The paper considers matters such as superior law constitutions, constitutional protection of fundamental rights, constitutional design, and different constitutional examples in the South Pacific. Outcomes do not necessarily flow from constitutional structures, but what they do result from is frequently a mixture of so many variables of such complexity that they cannot be effectively calculated. Economic factors, resources, geography, demography, and history are all likely to be as influential in shaping outcomes as a constitution. Law is a subset of the social system. Social and political conditions determine the law, particularly constitutional law, rather than the other way around. But New Zealand could do with some self-reflective comparison. A comparative perspective may be one way of distancing ourselves from our own dominant legal consciousness. If comparative constitutional law does anything, it forces the analyst to think more deeply about his or her own domestic orthodoxies.

03 April 2014

SYMPOSIUM: India in the Global Legal Context - Courts, Culture, and Commerce

I just discovered this Symposium. SPD

Courts, Culture, and Commerce
April 4 – 5, 2014
The University of Chicago
Social Sciences 224

India’s judiciary is renowned for being assertive and innovative, as well as increasingly influential in the global legal community. Furthermore, as a postcolonial society, the world’s largest democracy, and formerly closed economy, India stands at the nexus of multiple global networks. This two day symposium will bring together faculty and graduate students from law schools and social sciences disciplines across the University of Chicago, as well as from universities across the country, to explore ongoing dialogues between India and other nations on issues like civil rights, jurisdiction, public interest law, commercial development, and religion-state interactions. 

Jayanth Krishnan • Martha Nussbaum • Eduardo Peñalver • Arvind Elangovan • Jothie Rajah • Bernadette Atuahene • Brian Citro • William Mazzarella • Elizabeth Lhost • Iza Hussin • Marc Galanter • Shyam Balganesh • Sital Kalantry • Anup Malani • Sayantan Saha Roy • Adrian Johns • Kaushik Sunder Rajan • Priya Gupta


For more information please contact the event organizer, Deepa Das Acevedo, at ndd@uchicago.edu

01 April 2014

CONFERENCE: Borders and Boundaries in Transitional Justice

Oxford Transitional Justice Research is holding its biennial summer conference on Friday 27 June, 2014 at the Law Faculty, University of Oxford.  OTJR welcomes papers falling within the theme ‘Borders and Boundaries in Transitional Justice.’
 
The past few years have seen a growing interest in cross-border issues in the study and practice of transitional justice.  For instance, the Operation Condor trial that began last year in a domestic court in Buenos Aires, Argentina, addresses transnational atrocities perpetrated in six countries in South America, and in the process raises questions about the design and validity of domestic amnesties in respect of extraterritorial wrongdoing.  In Europe, states have pursued domestic trials for international crimes committed abroad, such as genocide, or have opted to extradite suspects back to the country where the crimes occurred, highlighting a shift to the domestic application of international criminal law.  In the US, the Supreme Court’s decision in Kiobel has affected one important avenue of accountability for extraterritorial wrongdoing.
 
At the same time, traditional boundaries in the theory and practice of transitional justice are being redrawn, creating new dynamics of inclusion and exclusion.  In Liberia, the Truth and Reconciliation Commission sought to engage the state’s diaspora community, prompting questions about who is included in transitional justice processes.  Regional bodies, including the African Union and European Union, have started to play a more prominent role in determining states’ responses to past wrongs, challenging the boundaries of decision-making in transitional justice.  These developments also raise broader conceptual questions about the relationship between national, regional, and international ideas and practices of justice and accountability. 
The conference will explore how these and other borders and boundaries inform and affect transitional justice.  Within this theme, potential topics might include, but are not limited to:
  • How extraterritorial atrocities are addressed in, or excluded from, transitional justice;
  • The role of refugee, diaspora, and/or foreign communities in transitional justice;
  • Nationalism and pan-nationalism after gross human rights abuses;
  • The interaction between domestic transitional justice processes and foreign, regional, or international courts, for example in the application of the principles of complementarity and ne bis in idem; and
  • The interplay between domestic and international conceptions of justice and accountability.
 To propose a paper, please send an abstract of no more than 500 words to the OTJR Convenor, Miles Jackson –   miles.jackson@law.ox.ac.uk This email address is being protected from spambots. You need JavaScript enabled to view it. – by 21 April, 2014.  Abstracts should include your name, contact details, any institutional affiliation, and the title of the presentation.  Applications from scholars of all disciplines and doctoral and early-career researchers are welcomed.
 
Conference page is here.

31 March 2014

LECTURE: Farran on Property and the Law (2 April 2014)

Professor Sue Farran
(Northumbria School of Law and Advisory Council, Juris Diversitas)
'Are there guerrillas in my garden?
Challenging our understandings about property and the law'

The Board Room, Plassey House, the University of Limerick,
3:30 pm; Wednesday, 2 April 2014

Professor Sue
This talk is informed by my experience of researching land and people in the Pacific, especially in the Republic of Vanuatu, where I lived for a number of years. There people describe themselves as being ‘people of place’.  In the west this relationship of people and land is different. It is informed by ideas of property which both inform and shape the laws which govern that relationship.  Guerrilla gardening is just one of several contemporary forms of engagement with land that present challenges to the current laws and perceptions of property. Increasingly people are engaging with land in community with others under informal and formal arrangements and getting ‘earth under their nails’ for purposes other than the investment or commercial value of land. This presentation considers the challenges posed by the people-land relationships engendered through community orchards, woodlands, city farms, backyard gardens, urban permaculture and other initiatives, to our ideas about land, property, ownership, public and private spaces. Indeed these activities prompt us to ask if there is a shift from land as property to land as place?

Professor Sue Farran, PhD (NU); LL.M (Cambridge); LL.M (Natal); LL.B (Natal); B.A. (Hons) (English) (University of South Africa); B.A. (English and Social Anthropology) (Natal, (Durban))   

Sue's teaching career started in South Africa at the University of Natal (Pietermaritzburg) while she was an LLM student, and has included posts at the University of the West of England, the University of the South Pacific (in Fiji and Vanuatu) and the University of Dundee. She has also taught at the University of Angers, Lyons III and Stamford College, Kuala Lumpur, a private college in Malaysia.

Sue is an Adjunct Professor at the University of the South Pacific and an Associate at the Centre for Pacific Studies, St Andrews University. She is also an external examiner at Glasgow University, Middlesex University, and has been an external examiner at the University of the South Pacific, the University of Queensland and Southern Cross University, Australia.  She is a reviewer for a number of academic journals including most recently the Commonwealth Law Bulletin, the Journal of the Australasian Law Teachers Association, Oxford Journal of Legal Studies, Laws, Melbourne Journal of International Law, Anthropological Review, Ethnology and the Journal of Human Rights

Enquiries to: sean.donlan@ul.ie  

30 March 2014

CALL FOR PAPERS: International Conference on Trade, Business and Economic Law

International Conference on Trade, Business and Economic Law (ICTBEL) provides an opportunity for academics, practitioners, consultants, scholars, researchers and policy makers with different backgrounds and experience to present their papers in the conference in Eginburgh, UK 16 June 2014.


Conference committee highly encourage doctorate (PhD) and postgraduate students to present their research proposal or literature review or findings or issues in this conference with a very special registration fees. Case studies, abstracts of research in progress, as well as full research papers will be considered for the conference program for presentation purposes.  
ICTBEL Organising Committee has now issued call for papers to be presented in the June 2014 conference, which will be held in Edinburgh, United Kingdom. Papers may address, but are not restricted to, the main theme from any of the following sub-themes.
  • International Trade Law
  • International Economic Law
  • International Business Law
  • Corporate/Commercial Law
  • Climate Change, Sustainable development and International Trade
  • Impact of Liberalisation and globalisation on trade, business and investment
  • Globalisation and Free Trade
  • Trade Policy 
  • Economic and Finance
  • International Trade Frauds 
  • Money Laundering regulations
  • Bribery and Corruption 
  • Foreign investments 
  • Mergers and Acquisition 
  • Jurisdiction and Enforcement of Judgments 
  • International commercial arbitration and litigation    
  • Import and Export 
  • Letters of Credit 
  • WTO and related agreements
Deadlines:
  • Abstract/proposal (300-500 words) by 14th April 2014  and/or 
  • Full Paper (Maximum 5,000 words) by 12th May 2014 to the Conference Committee. 

  • Details here.

    28 March 2014

    SEMINAR: Islamic Law and the French and European Legal Order

    Islamic Law and the French
    and European Legal Order


    The Protection Project at The Johns Hopkins University School of Advanced International Studies, Washington, DC, in cooperation with the Eason Weinmann Center for International and Comparative Law at Tulane University, New Orleans, LA, the World Society for Mixed Jurisdiction Jurists, and the Société de Législation Comparée, Paris, France, are organizing an international seminar on the topic of “Islamic Law and the French and European Legal Order: The Public Law and Private Law Issues,” scheduled to take place in Paris, France, on the dates of April 28-29, 2014, at the Westin Paris - Vendome.


    The international seminar will serve as a forum for a discussion of Islamic law as evidenced in the decisions of the European Court of Human Rights (ECHR), the European Court of Justice (ECJ), in the Conseil d’Etat and Constitutional Council decisions in France, and such questions as Islamic finance, marriage and divorce, successions under the Civil code, and so forth. 

    The seminar will also examine various topics of comparative law in both public law and private law in the Islamic legal system and the French and European legal order. 

    Finally, the seminar will serve to foster academic exchange and dialogue in these areas of law between European and Middle Eastern legal scholars, as well as scholars from the United States. 

    Participants will include scholars from countries including Egypt, Iran, Kuwait, France, and the United States, among others.

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