Whither the West?International Law in Europe and the United States
Freedom of Expression
The Revolutionary Roots of American and French Legal Thought
Two legal systems founded from similar Enlightenment philosophical and political values use state coercion differently to regulate a core liberty: the freedom of expression. This comparative study of France and the United States proposes a novel theory of how the limits of freedom of expression are informed by different revolutionary experiences and constitutional and political arrangements. Ioanna Tourkochoriti argues that the different ways freedom of expression is balanced against other values in France and the United States can be understood in reference to the role of the government and the understanding of republicanism and liberty. This understanding affects how jurists define the content and the limits of a liberty and strike a balance between liberties in conflict. Exploring both the legal traditions of the two countries, this study sheds new light on the broader historical, social and philosophical contexts in which jurists operate.
1. Introduction: speech, privacy and dignity in France and the United States; 2. Antiquity, modernity, and historical imaginaries on the role of the government; 3. The underlying ex ante understanding of liberty; 4. The moralizing rational republic versus the state arbitrator of the free play of interests; 5. Foundation of the rights of man on the rights of the citizen versus foundation of the rights of the citizen on the rights of man; 6. Conclusion.
The common ground between religions could be fruitfully promoted in order to call for an effective protection of the climate system. Positioned at a junction of different worlds, this book is a multidisciplinary work on Islamic law, common law and environmental law. Looking at the past, present and future, the author suggests a paradigm shift starting from the common ground in order to propose a better future for environmental law in Muslim countries. As the first book to compare Shari‘a and common law in field of environmental protection, it suggests a new path in comparative environmental law by recognizing the contributions of both history and spirituality.
1. Introductory Context and Issues; 2. What Is ‘Islamic Environmental Law'?; 3. The Dormancy of Islamic Environmental Law; 4. The Fruitful Comparison with the Common Law; 5. Potential for Growth of Islamic Environmental Law; Conclusion
Edited by Sanja Kutnjak Ivković, Michigan State University
Shari Seidman Diamond, The American Bar Foundation, Illinois
Valerie P. Hans Cornell University, New York,
and
Nancy S. Marder, Chicago-Kent College of Law
Although most countries around the world use professional judges, they also rely on lay citizens, untrained in the law, to decide criminal cases. The participation of lay citizens helps to incorporate community perspectives into legal outcomes and to provide greater legitimacy for the legal system and its verdicts. This book offers a comprehensive and comparative picture of how nations use lay people in legal decision-making. It provides a much-needed, in-depth analysis of the different approaches to citizen participation and considers why some countries’ use of lay participation is long-standing whereas other countries alter or abandon their efforts. This book examines the many ways in which countries around the world embrace, reject, or reform the way in which they use ordinary citizens in legal decisionmaking.
1. Introduction; Part I. Advancements in Lay Participation: 2. The Rise of the Jury in Argentina: Evolution in Real Time; 3. Twelve Years of Mixed Tribunals in Argentina; 4. Lay Participation in the Criminal Trial in Japan: A Decade of Activity and its Sociopolitical Consequences; 5. The Korean Jury System: The First Decade; 6. The Twenty-Fifth Anniversary of the Spanish Jury; Part II. Enduring Systems of Lay Participation: 7. “… And My Right”: The Magistrates' Courts in England and Wales; 8.“In the Name of the People”: Lay Assessors in Germany; 9 The Jury in Canada: Testing the Comprehensibility of Styles of Jury Instructions and the Effectiveness of Aids; Part III. Challenges to Lay Participation in Law: 10. Dismissing the Jury: Mixed Courts and Lay Participation in Norway; 11. Trials by Peers: The Ebb and Flow of the Criminal Jury in France and Belgium; 12. The Russian Jury Trial: An Ongoing Legal and Political Experiment; 13. Trial by Jury in Georgia: A Catalyst for Evolving Independent Courts; Part IV. Global Perspectives on Lay Participation: 14. What Hollywood, USA, Teaches the World (Incorrectly and Correctly) about Juries; 15. The Case for a Hybrid Jury in Europe; 16. A Worldwide Perspective on Lay Participation
JOINT INTERNATIONAL RESEARCH PROJECT IN THE FIELD OF GENDER EQUITY
Organizers
University of Haifa (Israel) - Shulamit ALMOG
Lille University (France) - Anne WAGNER
This two-part international research project will comprise 2 international meetings with complementary gender equity foci: the first international meeting will be hosted by the University of Haifa (Israel) on 9 January 2023, while the second international event is scheduled from 3 to 6 July 2023 at Lille University (France). This joint research project seeks to provide complementary perspectives on Gender Equity and will result in international publications.
Selected papers will be invited for publication in a special issue of the International Journal for the Semiotics of Law (Springer: https://www.springer.com/journal/11196) and/or for inclusion in an edited volume of the Law Book Series “Law and Visual Jurisprudence” (Springer: https://www.springer.com/series/16413).
Working Languages: English and French.
CALLS FOR RESEARCH PROPOSALS FOR BOTH CONFERENCES
UNIVERSITY OF HAIFA (ISRAEL)
9 JANUARY 2023
“Gender Equity in Academia”
The term “gender equity” represents the aspiration for a society in which the conduct of institutions, agencies, and individuals reflect acknowledgement of the historical inequality between men and women; a society committed to determined, informed action to eradicate this inequality. “Gender equity” in organisational contexts is the establishment of an ongoing process designed to promote gender equality between men and women in the organisation.
In academia, the percentage of women holding senior positions and serving in key decision-making positions is still significantly lower than that of men. Also, the number of women who have reached the highest academic level - a Full Professor - is significantly lower than that of men. Relevant findings also imply that obstacles to gender equity are present in academia. Some of them are the traditional academic ethos, the old and new models of academic governance, and specific issues related to the representation of women in certain disciplines.
We invite submissions of research proposals focusing on empirical analyses and/or theoretical/conceptual research on “gender equity in the academia”. We invite proposals from scholars from all disciplines, including law, gender studies, sociology, labor studies, education, economics, management, business administration, human resource management, organisational development, cultural studies and any other related area. We welcome a variety of disciplinary perspectives in the humanities and social sciences, as well as in interdisciplinary, intersectional and critical approaches. 3
Submissions related, but not limited, to the following areas and topics are welcome:
- The future of gender equality: The pipeline model vs. the glass ceiling model
- Unique barriers that inhibit the implementation of gender equity programs in academia
- Strategies developed across the world to promote gender equity progression
- The under representation of women in STEM in academia
- Gender bias in the promotion process
- Gender equity and diversity: competing or complementing goals?
- Initiatives to design a gender and family-supportive work environment
- Monitoring – A key tool for promoting gender equity
- Gendered preferences at an early age as affecting choice of fields of study at the university
- Exclusion practices in academia
- Reflection of gender aspects in seemingly “neutral” norms
- Feminisation in Law and Language
- The role of the social justice model and the economic model in designing a policy of gender equity
- The effects of economic and institutional incentives on encouraging gender equality in academia
- The implications of integrating gender perspectives in research contents and research methods
- Historical analysis of gender equity in academia
- Analysis of gender equity from the perspective of organisational culture research
- Managing gender equity in academic organisations
Abstracts of 300 words (max.) should be submitted by 15 October 2022 to both Shulamit Almog (genderlawcenter@gmail.com) and Anne Wagner (anne.wagner[at]univ-lille.fr) with decisions made by 15 November 2022.
LILLE UNIVERSITY (FRANCE)
3-6 JULY 2023
“Combating Gender-based violence”
The second international conference invites participants to explore the causes, forms and cultures of gender-based violence in society, including how children are educated, how Games and Art promote gender differences/stereotypes/neutrality. It is a place to reflect on the growing importance of tolerance, diversity, and acceptance of others.
We invite submissions of research proposals focusing on empirical analyses and/or theoretical/conceptual research on “Combating Gender-based violence”. We invite proposals from scholars from all disciplines, including law, gender studies, sociology, labor studies, education, economics, management, business administration, human resource management, organisational development, communication, psychology, health professions, public policy, social work and any other related area. We welcome a variety of disciplinary perspectives in the humanities and social sciences, as well as in interdisciplinary, intersectional and critical approaches.
Submissions related, but not limited, to the following areas and topics are welcome:
- Perpetuation of Gender Stereotypes: Causes, Forms and Cultures of Sexism in society, education (textbooks), games and Art, etc.
- Possible links between cultural representations and violence against women
- Masculinist movements vs. feminist movements: ideology of Gender in Society
- Human Rights Violation
o European Court of Human Rights,
o European Convention on Human Rights,
o Convention on Preventing and Combating Violence against Women and Domestic Violence,
o Convention on the Elimination of Discrimination against Women (CEDAW)
o Convention on the Elimination of All Forms of Discrimination against Women, etc.
- Combating Gender Stereotypes and Advocating Tolerance
- Combating Online and/or Offline Sexism in Hate Speech
- Social Media platforms, places for Machiavellian Venting: Haters, Trollers, etc.
- Facing Trauma, Fear, Anxiety and Mental Issues on normal, pre- and post-Covid-19.
- Silencing part of the Population: intimidation, threats or abuse
- Legal and Policy Framework to Combat Gender-based violence
- Guaranteeing Equal Access of Women to Justice
- Promoting Freedom, Equality, Parity
- Affirmative Action
- Gender mainstream: discussion on Freedom of Expression
- Considering the particular vulnerability of girls and young women in the digital arena
Abstracts of 300 words (max.) should be submitted by 15 February 2023 to both
Shulamit Almog (genderlawcenter@gmail.com) and Anne Wagner (anne.wagner[at]univ-lille.fr) with decisions made by 15 March 2023.
Justice as Translation
and Counter-storytelling
Coimbra, Mai 26th to 28th 2022
The Colloquium is jointly organized by UCILeR (Instituto Jurídico da Faculdade de Direito da Universidade de Coimbra—University of Coimbra Institute for Legal Research) , ISLL (Italian Society for Law and Literature) and ATFD (Associação Portuguesa de Teoria do Direito, Filosofia do Direito e Filosofia Social, the Portuguese section of IVR)
Organizational Committee:
Carla Faralli, Maria Paola Mittica, Alessandro Serpe, José Manuel Aroso Linhares, Inês Godinho, Ana Margarida Gaudêncio, Luís Meneses do Vale, Brisa Paim Duarte
In a well-known passage from The Narrative Paradigm (Communication Monographs, vol. 52, 1985, p. 350), Walter Fisher argues that “narrative rationality”, since it “celebrates human beings” as “storytellers”, should be treated as an “attempt to recapture Aristotle’s concept of phronesis”. It is this central topos in the contemporary rehabilitation of practical thinking (projected in Law’s specific practical world) that our Colloquium will explore, whilst paying attention to the plurality of approaches it allows. Its title establishes actually an immediate counterpoint between two polarized assimilation modes.
1) On one hand we have the so-called paradigm of translation, not only in the general version that we owe to MacIntyre's communitarian narrativism ─ exploring the possibilities of dialogue between traditions (notwithstanding the impossibility of an equidistant tertium comparationis) ─ but also in the specific projections that James Boyd White (justice as translation) and François Ost (le droit comme traduction) exemplarily open: the first highlighting a kind of a permanent movement (from ordinary language to legal language, and from legal language back to ordinary language) ─whilst exploring narrative as the archetypal form of praxis and practical thinking and whilst conceiving of Law as “a set of occasions and opportunities for the creation of meaning” (“a rather fragile piece of our culture, requiring those who live with it to remake it constantly, over and over”) ─, the second autonomizing three indispensable thematic cores and the exercises in translation that they demand, namely, the one which is required by the plural network of (national and international, state and non-state) legal orders, the one which the judge’s modus operandi (interconnecting the world of practical controversies and legal materials) manifests and, last but not least, the one which this same judge develops whilst assuming his/her role as third (“le tiers qui triangule le différend opposant les parties [et qui traduit] (…) leurs discours dans le langage de la loi commune”) ─ without forgetting that this thirdness (also as a fonction tièrce “internalized by legal subjects”) is precisely the feature which distinguishes Law, its discourses and practices (Le droit ou l’empire du tiers).
2) On the other hand, we have the blossoming of a wide range of discourses on marginalised identities (sometimes even on marginalised bodies), the core of which is undoubtedly composed of narrative outsider jurisprudences and community-building counterstorytelling (to use the well-known formulae proposed respectively by Mari J. Matsuda and Richard Delgado). This remarkable multiplication of perspectives and academic fields (going from Feminist Jurisprudences to Critical Philosophy of Race and from LGBT-GNCCrits to Postcolonial Legal Theory) — which were opened up with the so-called third Critical Legal Scholar’s generation and go on developing a search for community or communities flowing out in the experience of incommensurable forms of life (involving gender, race, sexual orientation, economic condition, social status, practical-cultural and geopolitical provenance, health, mental and physical disability, etc) — pose certainly specific problems ─concerning the “standards” which should be used to evaluate the different uses of narrative resources (and the merits of the nfinal outcome), the challenges of intersectionality or intersectional persons (overlapping diverse identities), as well as the risk of transforming more or less persuasive counterstories into stereotyped narratives (with characters and roles that are implacably pre-determined). They offer however also an unique opportunity to discuss Law’s and legal theory’s claims to comparability. Is in fact the fragmentation of meanings, semantic values and performative models provoked (or aggravated) by those approaches compatible with the claim for an integrating context (and its tertium comparationis) or does, on the contrary, this fragmentation (in its narrative intelligibility) prevent or frustrate the attempt to recognise an authentic inter-discourse and, with this, the aspiration to treat law as the “empire” of thirdness?
Participants are invited to explore both these lines of development and their internal possibilities, as well as to discuss their reciprocal intertwinement and their dialectical tensions, which means also projecting them in specific contemporary societal challenges, such as those which involve the morality of political correctness, the juridical relevance of hate speech, the digitization of life, the climate justice (or the climate emergency), the biopolitics of human and trans-human.
Abstracts of 300 words (max.) should be submitted by April 18th 2022 to José Manuel Aroso Linhares (linhares@fd.uc.pt) and Ana Margarida Gaudêncio (anagaude@fd.uc.pt) with participation decisions made by April 26 th. Selected papers will be invited for publication. For communication reasons it is strongly recommended English as working language. However, communications in Castilian, French, German, Italian and Portuguese are also possible (provided they are always accompanied by an abstract in English).
We intend to hold the conference as a full “in-person”, eventually as a hybrid event. The preference concerning the participation mode should be clarified in the e-mail which sends the abstract.
Registration period: from 27 th April to 9 st Mai 2022
The basic registration fee* (concerning “in person” presentations) is 30€ (for professionals) and 20 (for students. including PhD candidates). Other possibilities (involving a guided tour and a dinner) will be clarified later. The information concerning payment possibilities will be available a week before the beginning of the registration period.
*Basic registration fee includes the roundtable materials and the coffee breaks.
Vijay K. Bhatia, Chinese University of Hong KongMagdalena Łągiewska, University of Gdańsk, Poland
• Digitalization in international commercial and investment arbitration,
• Third-party funding in international commercial and investment arbitration,• New types of disputes handled by arbitral tribunals,• Discursive construction of arbitration processes in various digital modes.
- Magdalena Łągiewska (magdalena.lagiewska@ug.edu.pl),
and- Vijay K. Bhatia (vjkbhatia1@gmail.com).
• Deadline for Abstracts (Max 500 words): 30th August 2022• Decisions on acceptance: 31st October 2022• Deadline for full papers: 30th of April 2022
Sant’Anna School of Advanced Studies – Pisa – Italy
LeADS Project (H2020-MSCA-ITN-2020 ETN) GA 956562
The LIDER-Lab (www.lider-lab.it/en) of Sant’Anna School of Advanced Studies (SSSA) is looking to fill 4 research and training positions on Data Science and Law within the EU-funded Legality attentive data scientists (LeADS).
The Early Stage Researchers (ESR), young researchers (see below for job qualifications) can also be enrolled in the Ph.D. National Programme in Artificial Intelligence leading to a doctoral degree.
The positions are funded by the H2020-MSCA-ITN-2020 ETN GA 956562 (LeADS) coordinated by Professor Giovanni Comandé of LIDER-Lab. The LeADS Consortium is composed of 7 prominent European universities and research centres (Université Du Luxembourg, Université Toulouse III, Vrije Universiteit Brussel, Jagiellonian University, The University of Piraeus, Italian National Research Council) along with 6 important industrial partners (Innovation Acts Ltd, Βυτε Computer S.A, Intel Corporation, Tellu, Indra, MMI SpA) and 2 Supervisory Authorities (Italian Data Protection Authority, Italian Competition Authority).
JOB DESCRIPTION: The ESR/doctoral researchers will be working under the supervision of Professor Giovanni Comandé in the framework of the above-described research project. The ESR/doctoral researcher’s main task will be to collaborate to the Research and Training program LeADS as envisaged in the Grant Agreement and to eventually prepare their doctoral thesis in the same framework. The PhD thesis work will be undertaken at SSSA (Pisa, Italy) in the national PhD program on Artificial Intelligence administered by the University of Pisa. As doctoral students, the ESRs will be jointly-supervised under the direction of the LeADS consortium and will spend also secondment(s) at Consortium members.
Each ESR/doctoral researcher will be assigned to one of the main general topics of the ETN LeADS listed below
|
ESR
1 |
Project
Title: Reciprocal interplay between competition law and privacy in the
digital revolution |
|
Objectives:
Data are more and more important resources in the so-called Digital
Revolution: the impact on competition law is increasingly relevant and so are
the implications of data protection law on competition law. The researcher
will address these implications, analysing some relevant topics: the impact
of data portability and the requirements in terms of interoperability in the
new GDPR compared to the barriers to entry and to market dominance; how
customer data can be “assessed” as an index of market dominance for the big
information providers (Google, Apple, Facebook, Amazon); and how SMEs can
benefit from data protection law and competition law in order to increase
their volume in the market. |
|
ESR
3 |
Project
Title: Unchaining data portability potentials in a lawful digital economy |
|
Objectives:
Empirically test the potentials of the right to data portability. The
research in the framework of LeADS will relate data portability not only to
data protection law, but also to competition law and unfair business
practices (e.g., offer or price discrimination between groups of consumers
through profiling operations), setting the scene for their regulatory
interplay in line with current and forthcoming technologies. In doing so
specific attention will be offered to the possible technical solutions to
guarantee effective portability. Additionally, the technical, statistical,
and privacy implications of the new right will be evaluated, such as the need
for standard formats for personal data, and the exception in Article 20.2 of
the GDPR, according to which the personal data, upon request by the data
subject, should be transmitted from one controller to another “where
technically feasible”. |
|
ESR
5 |
Project
Title: Differential privacy and differential explainability in the data
sphere: the use case of predictive jurisprudence |
|
Objectives:
Human life and economy are exponentially data driven. The switch from
residential to cloud based data storage is making increasingly difficult to
reap the maximum from data while minimizing the chances of identifying
individuals in datasets. Researcher will explore the interplay between
differential privacy technologies and the data protection regulatory
framework in search of effective mixes. |
|
ESR
14 |
Project
Title: Neuromarketing and mental integrity between market and human rights |
|
Objectives:
ESR’s research question is whether and how neuromarketing can affect human
rights of individuals, considering in particular recent interpretations of
rights contained in the European Convention of Human Rights and in the EU
Charter of Fundamental Rights, in particular “mental privacy”, “cognitive
freedom”, and “psychological continuity”. Indeed, advanced data analytics
provide a very high level of understanding of users’ behaviour, sometimes
even beyond the conscious self-understanding of the users themselves
exploiting all user’s idiosyncrasies, including user’s vulnerabilities
harming the exercise of free decision making |
The candidates are, however, welcome to suggest any other topic within the scope of the assigned research thematic for their doctoral thesis.
The ESR/doctoral researcher will benefit from being part of a large
transnational and transdisciplinary research group comprising several PhDs and
Postdoctoral Researchers working on related topics of AI, Technology and Law.
Being part of the project will allow the ESR/ doctoral researcher to enhance
his/her knowledge-base and experience; working on the various aspects of the
project will not only strengthen his/her academic profile, but also give
him/her access to (and the chance to critically engage with) some of the most
renowned experts in the field and key industrial players.
REQUIREMENTS
TO APPLY:
We
are looking for candidates with demonstrated interest in the Topics of the
H2020 LeADS
In
particular, the following requirements apply:
- Master of Science (MSc) degree or equivalent. A degree in law is particularly
welcome although is not mandatory.
- Fluent written and spoken English.
-
Excellent communication and writing skills.
- In
order to fulfil the eligibility criteria of the Marie Curie ITN at the date of
recruitment, applicants must not have resided or carried out their main
activity (work, studies, etc.) in Italy for more than 12 months in the 3 years
immediately prior to their recruitment. Compulsory national service and/or
short stays such as holidays are not considered. Italian candidates can apply
if they have resided in another country for more than 2 years of the last 3
years.
- At
the time of recruitment, the candidates cannot have already obtained a doctoral
degree and must be in the first 4 years (full-time equivalent) of their
research career.
OFFER:
- Full time Contract 36 Month
- Location: Pisa, Italy
- Employee and PhD student status
-
Travel opportunities for training and learning
- Yearly gross salary:
Living allowance of € 40.966,56 (including income tax and
retirement pension contributions),
Mobility allowance up to € 7.200
Family allowance (depending on family status at date of
recruitment) € 3.000
APPLICATION PROCEDURE: Please apply ONLINE and include:
ABOUT
THE ORGANIZATION:
Sant’Anna
School of Advanced Studies
(SSSA) is a public university institute - with special autonomy -
working in the field of applied sciences. It is a research university whose
mission is that of serving as a benchmark and quality public institution,
attracting talents which are nurtured and educated, in order to take care of
the world and to responsibly contribute to its cultural growth and
sustainability.
The
Sant'Anna School ranked in Times Higher Education World University Rankings
as follows:
The Laboratorio Interdisciplinare Diritti e Regole (LIDER-Lab) at the Scuola Superiore Sant’Anna (SSSA) has a long tradition of both theoretical and empirical legal research, training and consulting. It presently works especially on data governance through the lens of comparative law methodologies. Built upon a strong combination of academic and professional expertise, LIDER-Lab research activities also take advantage of the unique interdisciplinary milieu characterizing the Scuola Superiore Sant’Anna, which allows interactions that range from engineering to life sciences and economics. In the past 20 years, LIDER-Lab has focused its activities on a selected array of research areas, combined through a distinctive cross-field and policy-oriented approach. This makes LIDER-Lab of utmost interest both for policy and decision makers and for private actors and market players as well.
APPLICATION
AND INFO:
https://www.legalityattentivedatascientists.eu/2021/06/07/call-for-application-sssa-esrs-1-3-5-14/
DEADLINE
September
6th, 2021
