15 November 2016
The first issue of a new journal on international law and legal pluralism has been published. This journal is peer-reviewed and open-access, available at www.intergentes.com. Although it is based in the McGill University Faculty of Law, the journal is interdisciplinary in its approach.
Following the release of this issue, the Journal will be proceeding with a publication schedule that will include a second thematic issue on (In)tangible Ownership in the International Sphere in 2017 and a renewed focus on op-eds and non-thematic articles to be published on a rolling basis. In keeping with its commitment to developing multimedia content and to complement the first issue’s discussion of resistance in international law, the journal will be releasing a podcast on 'hacktivism’ (a combination of the words ‘hacking’ and ‘activism’) and international law in the coming weeks. While the first issue features only English contributions, InterGentes remain deeply committed to its vision of a trilingual publication and will have Spanish and French pieces forthcoming soon.
Submissions are warmly encouraged. Guidelines are posted on the journal’s website.
10 November 2016
01 November 2016
New from Hart Publishing
I am pleased to announce the publication of the title(s) shown below. If you would like to order with your 10% discount you can do so through our US distributor’s website (please quote the reference HART EMAIL in the voucher code field and click ‘apply’).
Alternatively please contact ISBS directly to place your order (details below).
Comparative Law in Practice
Contract Law in a Mid-Channel Jurisdiction
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.
Duncan Fairgrieve is Senior Research Fellow in Comparative Law at the British Institute of International and Comparative Law and Professeur Associé at Université Paris Dauphine PSL, France.
October 2016 9781782257219 208pp Hardback RSP:
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $97.20 (+ postage)
A Comparative Examination of Multi-Party Actions
The Case of Environmental Mass Harm
This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm.
Joanne Blennerhassett is a graduate of Trinity College Dublin, Université Paris 2 Panthéon-Assas (La Sorbonne), University College Dublin, the Law Society of Ireland and University College Cork. She is a College Lecturer in the Sutherland School of Law, University College Dublin, where she has lectured since 2003, specialising in Environmental Law, Tort Law, and Dispute Resolution. She has a background as a practitioner having practiced as a solicitor. She is also a qualified mediator and arbitrator. She was recently awarded a PhD in collective redress which formed the background research for this monograph.
October 2016 9781509905294 344pp Hardback RSP:
A co-publication between Hart Publishing and CH Beck
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $97.20 (+ postage)
12 October 2016
Temporary Labour Migration in the Global Era
The Regulatory Challenges
Edited by Joanna Howe and Rosemary Owens
In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law’s worker-protective mission has been observed before, the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.
Joanna Howe is Senior Lecturer and Rosemary Owens is Emerita Professor, both at the University of Adelaide.
October 2016 9781509906284 440pp Hardback RSP:
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $102.60 (+ postage)
NEW AS PAPERBACK
Nationalism and Private Law in Europe
While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors within European nation-states. Against that background, this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks. In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when, despite growing nationalist attitudes, great efforts have been made to produce comprehensive legal instruments to synthesise general contract law - an area that has traditionally been solely within the ambit of nation-states. Combining insights from the disciplines of law, history and political science, the book investigates the conceptual and cultural associations between law and the nation-state, examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and, somewhat paradoxically, even in support of legal Europeanisation.
The author's research for this book has been supported by the Hague Institute for the Internationalisation of Law.
Guido Comparato is a postdoctoral researcher in the Law Department of the European University Institute.
August 2016 9781509907410 332pp Paperback RSP:
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $47.65 (+ postage)
NEW AS PAPERBACK
Global Order Beyond Law
How Information and Communication Technologies Facilitate Relational Contracting in International Trade
‘A study like the one presented in this book is highly interesting for research on the use of international trade law and the actual needs of traders … Dietz presents a highly interesting spectrum of information about the actual problems and their solutions that business people encounter in this globalised world.’
Maren Heidemann, European Business Law Review
‘Thomas Dietz’s book will be enjoyable to any reader interested in contract law theory, in the specificities of complex software development agreements, in international commerce and trade, in sociological approaches to law, or in institutional economics, among other fields. Readers will find in Dietz’s work a fascinating study of contract law in action that forces all of us to be less attached to formal contracting rules and to consider other alternative mechanisms that work in the shadow of contract law or in its absence.’
Antoni Rubí-Puig, European Review of Contract Law
Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.
Thomas Dietz is Associate Professor for Politics and Law at the University of Muenster.
August 2016 9781509907434 270pp Paperback RSP:
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $39.55 (+ postage)
NEW AS PAPERBACK
Perpetrators and Accessories in International Criminal Law
Individual Modes of Responsibility for Collective Crimes
‘Jain's book is invaluable… her work serves as an excellent companion for an introduction to the subject, both for the newly initiated as well as for the expert in international criminal law… Jain presents an abundance of information while venturing a critical approach that leads her to present her own theory. [The book] is infused with interesting and cautiously articulated ideas that invite us to think critically about its core concepts - perpetration, principal-accessory distinction, the basis for high-level perpetrator liability, and the peculiarities of international crimes that have to be accommodated in a truly international criminal law.’
Dafni Lima, The Cambridge Law Journal.
‘Jain's book is essential reading not just for scholars and students of international criminal justice, but for anyone who cares about how domestic criminal law - in any system - treats principals and accessories.’
Jens David Ohlin, Criminal Law and Criminal Justice Online.
International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.
Neha Jain is an Associate Professor at the University of Minnesota Law School. She has held research positions at Georgetown University Law Center, and at the Max Planck Institute for Foreign and International Criminal Law in Freiburg, Germany. Professor Jain completed her BCL and DPhil in law from Oxford University, where she was a Rhodes Scholar and Jowett Senior Scholar at Balliol College. She served as a law clerk to former Chief Justice VN Khare of the Supreme Court of India and has interned with the Office of the Prosecutor at the Extraordinary Chambers in the Courts of Cambodia and with the Legal and Treaties Division of India’s Ministry of External Affairs.
August 2016 9781509907397 250pp Paperback RSP:
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $47.65 (+ postage)
11 October 2016
Dans un contexte mondialisé, l'enseignement du droit change aussi. Sous quelles formes change-t-il ? Doit-on parler d'internationalisation ou de dénationalisation, voire de transnationalisation de l'enseignement du droit ? Ces différents termes laissent percevoir plusieurs options possibles. Les expériences pédagogiques sont variables selon les contextes universitaires nationaux. Par exemple, l'enseignement du droit reste fortement national en France ou en Allemagne, même si l'européanisation a permis de décloisonner les systèmes juridiques et donc, aussi, les systèmes universitaires. La discipline juridique reste liée à des caractéristiques nationales :
le droit concerne l'État dans sa structure et ses fonctions.
Dans d'autres pays, les expériences de décloisonnement sont plus anciennes, comme au Canada, et, parfois, cherchent de nouveaux chemins, tels qu'au Japon.
Cet ouvrage a pour objectif de prendre comme objet d'étude l'enseignement juridique dans le contexte global et de faire comprendre que le droit ne se réduit pas aux seules règles de droit national. Au-delà des règles de droit positif, il faut faire toute sa place à la pensée juridique et donc au rôle des universitaires dans la construction de la discipline juridique. Ce qui suppose de s'intéresser aux méthodes de raisonnement, aux méthodes d'interprétation, à l'analyse des discours doctrinaux et aux méthodes d'enseignement. Ne pouvant embrasser toutes ces questions, cet ouvrage cherche avant tout à comprendre ce qu'il faut ouvrir et comment l'ouvrir au sein de la formation juridique. Cette publication constitue le premier acte du programme de formation-recherche « Inventivité juridique et monde global. Les frontières du droit (constitutionnel) », CIERA, 2015-2017.
The scholar’s symposium of this year's national CLS conference (Washington, DC, October 21-22) is built around the book Law and the Bible: Justice, Mercy, and Legal Institutions (InterVarsity Press), which I edited with David Van Drunen. I and several other authors (Randy Beck, Tremper Longman, Bill Brewbaker, and David Smolin) will speak on three separate panels about our chapters (Genesis, OT Law, OT history, Jesus, and NT letters). The details are below this message. Here is the link to the scholars' portion of the conference:
10 October 2016
Call for Papers
Journal of Law and Criminal Justice
ISSN: 2374-2674 (Print) 2374-2682 (Online)
Journal of Law and Criminal Justice is a refereed international journal that seeks to publish high quality research papers in the areas of socio-legal studies and the psychology of law, criminology and social justice studies. The Journal invites papers based on empirical research, theoretical analysis and debate, and policy analysis and critique. The journal is dedicated to presenting system-wide trends and problems on law, crime and justice throughout the world. It provides a forum for social scientists to report research findings for policy making with respect to crime and justice through innovative and advanced methodologies.
The journal is published by the American Research Institute for Policy Development that serves as a focal point for academicians, professionals, graduate and undergraduate students, fellows, and associates pursuing research throughout the world.
The interested contributors are highly encouraged to submit their manuscripts/papers to the executive editor via e-mail at email@example.com. Please indicate the name of the journal (Journal of Law and Criminal Justice) in the cover letter or simply put ‘Journal of Law and Criminal Justice ’ in the subject box during submission via e-mail.
The journal is Abstracted/Indexed in CrossRef, CrossCheck, Cabell's, Ulrich's, Griffith Research Online, Google Scholar, Education.edu, Informatics, Universe Digital Library, Standard Periodical Directory, Gale, Open J-Gate, EBSCO, Journal Seek, DRJI, ProQuest, BASE, InfoBase Index, OCLC, IBSS, Academic Journal Databases, Scientific Index.
E-Publication FirstTM is a feature offered through our journal platform. It allows PDF version of manuscripts that have been peer reviewed and accepted, to be hosted online prior to their inclusion in a final printed journal. Readers can freely access or cite the article. The accepted papers are published online within one week after the completion of all necessary publishing steps.
Each paper published in Journal of Law and Criminal Justice is assigned a DOI® number, which appears beneath the author's affiliation in the published paper.
JLCJ is inviting papers for Vol. 4, No. 2. The online publication date is December 31, 2016. Submission Deadline: October 31, 2016.
For any additional information, please contact with the executive editor at firstname.lastname@example.org
Professor Dr. Billy Long, Ferrum College, USA.
Journal of Law and Criminal Justice
Call for Applications
Perelman Centre for Legal Philosophy
FELLOWSHIP ON LEGAL PRAGMATISM AND REALISM
The Perelman Centre for Legal Philosophy of the Université Libre de Bruxelles is calling
for applications for an 8 months full time Fellowship on Legal Pragmatism & Realism
in the framework of the Twining Llewellyn Fund.
1. FELLOWSHIP OF THE NATIONAL FUND FOR SCIENTIFIC RESEARCH
The fellowship will unfold as part of a research program sponsored by the Belgian
National Fund for Scientific Research. It has two key objectives. First, it aims at starting a
PhD research on legal pragmatism and realism focusing on the material of the Twining
Llewellyn Fund. Second, it seeks to facilitate the reception of the Twining-Llewellyn
collection at the Perelman Centre and to make it fit for public consultation. This involves
working hand in hand with different services at the ULB (library, archives, etc.) for
cataloguing, referencing and setting up online and onsite consultation services.
The fellowship position is initially available for 8 months (November 1, 2016 – June 30,
2017- see more below), during which the fellow will be enrolled as a doctoral student at
the Université Libre de Bruxelles. After such a period, the Perelman Centre may offer the
fellow the possibility to continue writing the doctoral dissertation. This offer is subject
to availability of funds and positive evaluation of the fellowship period.
2. TWINING- LLEWELLYN FUND
Karl Nickerson Llewellyn (1893-1962) was a preeminent American legal scholar based
at the University of Chicago who is particularly known for advancing the Realist
Movement of legal thought, and for his involvement in the development of the Uniform
Commercial Code. William Twining (1934-) is a British legal theorist and founder of the
Law in Context Movement. His contributions span across jurisprudence, evidence and
proof, legal method, and legal education. He is a leading scholar on the subject of legal
theory and globalization. William Twining made a significant donation of his personal
library to the Perelman Centre which includes (1) a shadow version of the Llewellyn
collection at Chicago, (2) The Soia Mentschikoff shadow collection; (3) a personal
collection of books owed by William Twining on American jurisprudence, realism,
globalisation and Jeremy Bentham, and (4) William Twining’s material, which
encompasses some of his academic correspondence, annotated material, and his
published and unpublished works.
Applicants must hold a Master’s degree (120 ECTS) or equivalent, preferably in law. The
selection committee will evaluate on a case-by-case basis the eligibility of applicants
holding a Master’s degree in other disciplines than law. Applicants who already hold a
PhD are not eligible. Special consideration will be given to applicants with an
international academic profile and excellent academic results.
We are looking for enthusiastic candidates with aptitude for academic research,
collective research and teamwork. Candidates must be fully fluent in written and oral
English, and have good management and IT skills. Professional experience is not
required but can constitute a valuable asset in the application.
Contract start date 1/11/2016
A later starting date is possible. However, the end date of the contract will not change (30
June 2016). Please indicate in your application when will you be available to take up the
Contract duration and salary
Eight-month scholarship. The grant amounts to around €1800 net.
Applications must be sent to the Director of the Perelman Centre, Prof. Isabelle Rorive
(email@example.com). Please write as email subject “Fellowship vacancy – Candidate
Deadline for receiving applications is 20 October 2016. Shortlisted candidates will be
contacted for an interview.
The application must include the following documents:
• Applicant CV
• Motivation letter
• The candidate’s master thesis or, eventually, a paper written in the
framework of his/her studies.
The Perelman Centre for Legal Philosophy: For more information regarding the
framework of his/her studies.
Perelman Centre and its activities please visit the website www.phildroit.be
20 September 2016
Annual Comparative Law Work-in-Progress Workshop
April 28-29, 2017
UCLA School of Law
Announcement and Call for Papers
Organized by Máximo Langer (University of California at Los Angeles), Jacqueline Ross (University of Illinois College of Law), and Kim Lane Scheppele (Princeton University)
Co-sponsored by the University of California at Los Angeles, the University of Illinois College of Law, Princeton University, and the American Society of Comparative Law
We invite all interested comparative law scholars to consider submitting a paper to the next annual Comparative Law Work-in-Progress Workshop, which will be held on Friday and Saturday, April 28 and 29, 2017, at UCLA School of Law. We will accept up to seven papers for workshop discussion, and we plan to select a mix of both junior and senior scholars.
Interested authors should submit papers to Máximo Langer at UCLA School of Law firstname.lastname@example.org by February 1, 2017. We will inform authors of our decision by March 1, 2017. Participants whose papers have been accepted should plan to arrive in Los Angeles, California by Thursday night on April 27, 2017, and to leave on Saturday April 29, 2017 in the late afternoon/evening.
The annual workshop continues to be an important forum in which comparative law work in progress can be explored among colleagues in a serious and thorough manner that will be truly helpful to the respective authors. "Work in progress" means scholarship that has reached a stage at which it is substantial enough to merit serious discussion and critique but that has not yet appeared in print (and can still be revised after the workshop, if it has already been accepted for publication.) It includes law review articles, book chapters or outlines, substantial book reviews, and other appropriate genres.
We ask for only one contribution per author and also ask authors to limit their papers to 50 pages in length, or, if the paper (or book chapter) is longer, to indicate which 50 pages they would like to have read and discussed.
Our objective is not only to provide an opportunity for the discussion of scholarly work but also to create the opportunity for comparative lawyers to get together for two days devoted to nothing but talking shop, both in the sessions and outside. We hope that this will create synergy that fosters more dialogue, cooperation, and an increased sense of coherence for the discipline.
The participants in the workshop will consist of the respective authors, commentators, and faculty members of the host institutions. The overall group will be kept small enough to sit around a large table and to allow serious discussion. The papers will not be presented at the workshop. They will be distributed well in advance and every participant must have read them before attending the meeting. Each paper will be introduced and discussed first by two commentators before opening the discussion to the other workshop participants. Each of the authors selected for the workshop is expected to have read and to be prepared to discuss each of the papers selected. The author of each paper will be given an opportunity to respond and ask questions of his or her own. There are no plans to publish the papers. Instead, it is up to the authors to seek publication if, and wherever, they wish. The goal of the workshop is to improve the work before publication.
The Workshop will be funded by the host school and by the American Society of Comparative Law. Authors of papers and commentators will be reimbursed for their travel expenses and accommodation up to $600, by either by the American Society of Comparative Law or UCLA School of Law, in accordance with the ASCL reimbursement policy (as posted on its webpage.) We ask that authors inquire into funding opportunities at their home institutions before applying for reimbursement by the ASCL or by the University of Illinois.
14 September 2016
Early Louisiana and Her Spanish World:
Legal Tradition, Laws and Customs
in Luisiana and the Floridas
4 November 2016 – Tulane University School of Law
Supported by the Tulane University School of Law and The Portalis Society, the conference brings together historians and legal historians to discuss the laws, customs, and institutions of Spanish Louisiana and the Floridas. The scope is intentionally broad and covers almost anything linked to law and culture (doctrine, personalities, property, politics, extra-legal norms, etc).
Lawyers of Early New Orleans
Kenneth Aslakson (History, Union College)
Spanish Law, Encyclopaedias, and the Digest of 1808
John W Cairns (Law, Edinburgh)
Through a Glass Darkly:
The Minor Judiciary of Feliciana, c1803-1810
Seán Patrick Donlan (Law, South Pacific)
“The Spanish Spirit in This Country”: Newcomers to Louisiana in 1803-1805, and Their Perceptions of the Spanish Regime
Eberhard (Lo) Faber (Music, Loyola)
A Confusion of Institutions:
Spanish Law and Practice in a Franco-phone Colony Louisiana, 1763-c1798
Paul Hoffman (History (Emeritus), Louisiana State)
A Dark Legacy of Spanish Governance: The Tradition of Extra-Legal Violence in Louisiana's Florida Parishes
Samuel C Hyde, Jr (History, Southeastern Louisiana)
The Supreme Court, Florida Land Claims, and Derecho Indiano
MC Mirow (Law, Florida International)
Allegiance and Privilege:
William Panton and the Spanish Realm
David Narrett (History, Texas at Arlington)
Reclaiming Homes across the Florida Straits
Susan Richbourg Parker (St Augustine Historical Society)
The Prosecution of Clement:
Slave Violence and Spanish Legal Process in New Orleans, 1777-78
Jennifer M Spear (History, Simon Fraser University)
Entangled Lives, Entangled Law:
Women of Property in early Louisiana
Sara Brooks Sundberg (History, University of Central Missouri)
Vernon Valentine Palmer
Thomas Pickles Professor of Law,
Co-Director, Eason Weinmann Center for
International and Comparative Law
Tulane Law School