25 September 2014

SYMPOSIUM: Housing Law Research Network - Housing Law Symposium (6 February 2015)

Housing Law Research Network
Housing Law Symposium
Friday 6th February 2015
University of Groningen, The Netherlands

The Chairs of the Housing Law Research Network invite abstracts for a Housing Law Symposium to be held at the Faculty of Law, University of Groningen, The Netherlands on Friday 6th February 2014. Full papers are not mandatory although publication in a working paper series will be available. It is hoped that the symposium will be a friendly and welcoming forum for the exchange of ideas and constructive criticism of works in progress as well as an opportunity to present more developed projects. A wide variety of approaches will be acceptable including theoretical, doctrinal and empirical and work can be focussed on a particular jurisdiction, comparatively or internationally.

Possible topics include:
  • Development of international housing rights discourse
  • Article 8 ECHR Rights and the home
  • Dispute resolution in residential housing
  • Planning and housing provision
  • Law, economics and housing finance
  • Housing law and public policy
  • Theorising space: public and private
  • Housing, conservation and the environment
  • Commercial tenancies

Groningen is well-connected by rail and road to the rest of the Netherlands and Germany. There are frequent direct trains from Schipol Airport (a train ticket costs approximately 25 euros). The University of Groningen has its own very reasonably priced hotel only a 100 yards away from the Faculty of Law.

Deadline 1st January 2015


To submit abstracts or for an informal discussion please email one of the symposium chairs, Julian Sidoli del Ceno on Julian.sidolidelceno@bcu.ac.uk or Fanny Cornette on F.Cornette@tudelft.nl

BOOK ANNOUNCEMENT: European Migration Law, 2nd edition

This book provides an overview of the state of EU migration law in 2014. It explores the meaning of EU legislation on migration in the light of fundamental rights and principles of Union law as explained in leading case-law of the European courts. It is especially aimed at students, but may likewise be useful for practitioners, policy makers or others interested in the legal foundations of migration in Europe.

Today’s Union law contains a comprehensive and almost all-encompassing migration law system. It governs both voluntary and forced migration. It controls entry, residence and return. It covers both Union citizens and third-country nationals. Though there are fields not affected by Union law and left to the Member States, the overall picture drawn by the existing EU instruments is fairly complete.

The book purports to present as lucidly as possible, in one framework, the different regimes as they pertain to the free movement of Union citizens, the association agreement with Turkey, the migration of third country nationals for reasons of work, study, family reunification and asylum, the regulation of movement of third country nationals to, from and within the Schengen area, and instruments to control migration.

This second edition is written by the same authors who wrote the first edition. Pieter Boeles, Emeritus Professor of Migration law at the University of Leiden, is now Visiting Professor at VU University Amsterdam; Maarten den Heijer is Assistant Professor of International Law at the Amsterdam Center for International Law (University of Amsterdam); Gerrie Lodder is Senior Lecturer in Immigration Law at the University of Leiden and Kees Wouters is Senior Refugee Law adviser at the Division of International Protection of UNHCR in Geneva.

On the first edition
‘This volume has proved to be an excellent resource in our efforts to understand the evolution of immigration law and policy in Europe, particularly with respect to the region's emerging detention regimes and its increasingly restrictive response to migration pressures.’
Michael Flynn, Lead Researcher, Global Detention Project, Geneva, Switzerland

‘[…] an accessible and useful reference work.’
E.C.H.J van der Linden in Journaal Vreemdelingrecht 2010 (69)

‘European Migration Law is to be recommended to anyone involved with migration law: this book does not only offer a first introduction, but also valuable insights to all who already have studied European migration law in more detail.’
Hemme Battjes in Asiel & Migrantenrecht 2010 (217)

‘[...] one hopes that this book will be widely used in academic teaching as well as in practice.’
Kay Hailbronner in CMLR 2010 (582)

‘[...]a lucid and often thought-provoking survey of the European legal regime. [...]much to reflect upon. [...]a welcome addition to the literature on the subject.’
James Gillespie in Journal of Immigration, Asylum and Nationality Law 2010 (207)

‘[…] an excellent resource for anyone wanting a systematic and accessible introduction to this subject. [..] A book such as this will be a particularly valuable textbook resource for those increasing numbers of such courses covering both immigration and refugee issues at the European level, and might encourage more law faculties across the EU to include such courses in their undergraduate and postgraduate degree programmes. It will also be a very useful legal resource for students of migration studies from other disciplines wanting an introduction to the vital legal dimension to their studies at the European level.’
Helen Toner in HRLR 2010 (581)

‘[…] the book is highly suitable for students, scholars and practitioners generally interested in European developments and seeking a comprehensive introduction into the area of European migration law.’
Anja Wiesbrock in Maastricht Journal of European and Comparative Law 2010 (314) 


Click here to order this book

CONFERENCE ANNOUNCEMENT:Minorités et Cohabitations Religieuses du Moyen-Âge à nos Jours

20-22 October 2014, Nantes
European religious diversity has its roots in the practice of medieval societies. Medieval European polities, Christian and Muslim, granted protected and inferior status to selected religious minorities. The study of legal sources shows that medieval societies, like our own, have undergone constant changes in matters religious and that cohabitation, albeit not always peaceful, has been the norm rather than the exception in European history. The RELMIN research programme has been working since 2010 on the legal sources dealing with religious minorities in the middle ages. For this conference, RELMIN will look back on a five-year in-depth research process and deliver observations for a better understanding of the European multi-religious heritage. The conference (Oct. 20-22, MSH Ange-Guépin, Lieu Unique, Nantes, France) will gather about 40 scholars around 8 thematic round tables and discussions.

CALL FOR APPLICATIONS: Visiting scholar 2015-2016 Collegio Matteo Ricci

Within the framework of its internationalization policies, the University of Macerata is glad to offer 10 positions of Visiting Scholar for the Academic Year 2015-2016. The main objective is to develop an international network of scholars, carefully selected according to international criteria, in order to favour meetings and exchanges between the international research community and the University of Macerata. The name of the project, “Collegio Matteo Ricci”, tries exactly to express its collective and cosmopolitan nature. The broad topic proposed with the aims of providing a shared context for discussion and for establishing fruitful connections among the applicants is “Research and social innovation”.
Macerata, a people-oriented town with ancient traditions, is the right place to start this kind of projects because the slow rhythms of this town favor the gradual development of ideas and of research activities. For all Visiting Scholars, the “Collegio Matteo Ricci” is a quite unique opportunity where ideas and projects come alive; for the University of Macerata and for the entire city, it is a unique and lively window into the world. Visiting Scholars will be required to live in Macerata for at least 3 months to carry out research activities and provide face-to-face lecturing. The amount of the grant is € 5.000,00 and it includes accommodation on residential colleges. * Applications must be submitted no later than 14:00 hr on November 7, 2014

23 September 2014

CALL FOR PAPERS: Grasping 'Everyday Justice': An Ethnographic Approach



Sandra Brunnegger is organizing a two-day conference “Grasping 'Everyday Justice': An Ethnographic Approach” to be held in The Centre for Research in the Arts, Social Sciences and Humanities (CRASSH) at the University of Cambridge, UK, from February 6-7, 2015.

Click here to download the Call for Papers

BOOK ANNOUNCEMENT: Law, Lawyers and Race

Critical Race Theory from the US to EuropeBy Mathias Möschel
This book brings the application of critical race theory into legal scholarship to examine the critical role law plays in the construction, subordination and discrimination against racial minorities in Europe, making it comparable, albeit in slightly different ways, to the American experience of racial discrimination. Learn more...
Hardback: 978-0-415-73930-6
Published: 14 August 2014
£80.00/$135.00 Click to buy now

ARTICLE ANNOUNCEMENT: Introduction: Philosophical Foundations of the Law of Torts


A new interesting article from Social and Political Philosophy eJournal

"Introduction: Philosophical Foundations of the Law of Torts"
Philosophical Foundations of the Law of Torts, John Oberdiek (ed.), Oxford: Oxford University Press 2014
JOHN OBERDIEKRutgers, The State University of New Jersey - School of Law - Camden This Introduction to Philosophical Foundations of the Law of Torts (John Oberdiek, ed., Oxford University Press, 2014) provides a brief history of the discipline of tort theory, maps out current debates in the field, and introduces the volume's nineteen chapters. Along the way, this Introduction addresses many of the core problems in the philosophy of tort law, draws connections between them.

22 September 2014

BOOK: David on Jurisprudence and Theology



The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand, and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework.

The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.

21 September 2014

CALL FOR PAPER: XXIst Annual Forum of Young Legal Historians,Tel Aviv, 1-3 March 2015

XXIst Annual Forum of Young Legal Historians
6th Berg Institute International Conference
Tel Aviv, 1-3 March 2015
LAW IN TRANSITION
 http://www.aylh.org/

The upcoming XXIst Annual Forum of the Association of Young Legal Historians aims at a comprehensive discussion of law in transition. A wide variety of transitions of historical significance,can be explored: political, economic, social, cultural,and more. “Law”—legal symbols, discourses, players institutions, theories, and texts—has played a significant role in historical transitions, and legal  historians have been crucial in exploring its multiple and contradictory effects. The stakes are not just historical, but current: these studies encourage ,transitions in the way law itself is conceived, theorise .and research.

CALL FOR PAPER:

We invite young legal historians to present papers dealing with any aspect of law in transition. (Proposals on other topics will also be considered.) Papers can explore specific events or periods in a particular region or state, or provide a comparative analysis of different periods or multiple locations. Papers can focus on local questions or deal with transnational legal justice. We welcome papers combining legal transitions with political, economic, social, and  cultural ones. Methodological reflections are also welcome: Have legal transitions been “top-down or “bottom-up”? What have been the legal sources of transition? What are the relationships between legal and non-legal histories of transition? What conceptions of law, its forms of operation, its effects and its significance inform the analysis of transition?

Presentations may be given in any major language but English-language presentations are likely to receive the widest audience. The deadline for proposals is 1 November 2014 please email Forum2015@aylh.org.

Proposals for individual papers should include an abstract of up to 350 words and a short c.v. Proposals for full panels should include, in addition to individual paper proposals, an abstract.introducing the theme of the panel. Proposals for roundtables should include an introduction of theme, abstracts of presenters intended comments (up to 100 words for each presenter), and a short c.v. for each participant.

 Proposals for panels discussing a single book or article should include a full citation of the book or article, an explanation of its significance, abstracts of the papers, and a short c.v. for each participant. The conference fee will be ILS 450 (approximately 95 Euro). The program will include social events.and tours. Discounted conference fees and accommodation at a nominal charge will be available for participants with no institutional funding. Applicants requesting such support should explain their request in a document accompanying their submission

Further information about the Association of Young Legal Historians and past Annual Forums can be found at www.aylh.org.

Please direct any questions about the conference to Forum2015@aylh.org

17 September 2014

ARTICLES ANNOUNCEMENT: Philosophy of Law eJournal

From the new issue of Philosophy of Law eJournal, we suggest the following articles:

JASON M. SOLOMON, Stanford Law School
Email: jsolomon@law.stanford.edu

At the root of many contemporary debates and landmark cases in the civil justice system are underlying questions about the role of the civil jury. In prior work, I examined the justifications for the civil jury as a political institution, and found them wanting in our contemporary legal system.

This Article looks closely and critically at the justification for the civil jury as an adjudicative institution and questions the conventional wisdom behind it. The focus is on tort law because the jury has more power to decide questions of law in tort than any other area of law. The Article makes three original contributions.

First, I undermine the claim that the breach question in negligence is inevitably one for the jury by revisiting a famous debate between Cardozo and Holmes about the possibility of judge-made rules around breach in tort. Second, I draw on social and cognitive psychology to question the conventional wisdom that juries applying general standards are ideally suited to identify and apply social norms. And third, I sketch a middle-ground approach on breach, which involves presumptive rules that defer to indicia of social norms such as statutes and regulations, custom, and the market. 

JORDAN J. PAUST, University of Houston Law Center
Email: jpaust@central.uh.edu
The evident split in Kiobel has, in the words of Justice Kennedy, left open a number of significant questions regarding proper elaboration and explanation of the extraterritorial reach of the Alien Tort Statute. Among these are whether a presumption against extraterritoriality should apply and, if it is used, whether inconsistent and ambiguous criteria are preferable in deciding when it is displaced. Extraterritoriality of some sort has been affirmed, but there is an evident lack of consensus on rationales, doctrines, and criteria.

For this reason, its is important to reconsider what the full set of early cases and opinions of Attorneys General add for proper decisionmaking regarding the statute’s evident reach; what is compelled by adequate awareness of the nature of the law that is expressly incorporated by reference and its jurisdictional attributes and substantive grasp; how congressional endorsement of the Filartiga line of cases should displace a judicially-created presumption as well as supposed “foreign relations” concerns and provide needed guidance; how the Charming Betsy rule supplements the need to interpret the statute consistently with universal jurisdiction and responsibility as well as human rights of access to courts and to an effective remedy under international law; and how the rationale in the Bowman exception to a presumption of non-extraterritoriality supports that requirement. This article provides a basis for such an inquiry. Part III identifies evident misconceptions in some of the opinions and is organized into eight areas.

"War for the Wrong Reasons: Lessons from Law" 
11 Journal of Moral Philosophy 454 (2014)
GABRIELLA BLUM, Harvard Law School
Email: gblum@law.harvard.edu
JOHN C. P. GOLDBERG,
Harvard Law School
Email: jgoldberg@law.harvard.edu
In Ethics for Enemies, Frances Kamm argues that, under certain conditions, it is morally permissible for a state to launch a war for opportunistic reasons. We consider how law might shed light on Kamm’s argument. Part I addresses the application of criminal and tort law to individual acts of violence analogous to the acts of war analyzed by Kamm. It primarily argues that these bodies of law rely on a framework for determining legal permissibility that runs counter to, and perhaps demonstrates weaknesses in, Kamm’s framework for assessing moral permissibility. Part II considers the law of war. It maintains that, although modern law permits certain opportunistic acts of war, the law does so on terms that cut against Kamm’s claim as to their moral permissibility.




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