JURIS DIVERSITAS

WORKSHOP: Comparative Perspectives on Theory and Practice of Preventive Detention

2013-06-19T00:08:00.000+01:00

#Workshop Comparative Perspectives on Theory and Practice of Preventive Detention Christopher Michaelsen, 20-21June http://t.co/Gbuy3p43Te
— Malen Gordoa (@MalenIISJ) June 18, 2013

SEMINAR: Democracy and Justice

2013-06-18T23:58:00.000+01:00

contemporary comparative frontiers at swinburne

Swinburne Institute for Social Research

Democracy & Justice – Special Seminar Wednesday, 17 July, 13:00-15:00, BA912 (Hawthorn Campus)

‘Comparative Contemporary Frontiers’

Alex Young and Timothy Neale

Two brief papers followed by discussion

Discussant: Lorenzo Veracini

‘“Are Mexicans Indigenous?” Settler Colonialism as A Paradigm for The Study of The U.S.-Mexico Borderlands’, Alex Young, University of Southern California

Abstract: As the work of Australian settler colonial theorists has begun to make inroads into U.S. scholarship as a paradigm for understanding “Westward expansion,” one region of the U.S. has proven a consistent stumbling block is the Southwestern Borderlands. The site of multiple forms of imperial conquest, the political and cultural formations of the contemporary U.S.-Mexican borderlands stand as something of a palimpsest of competing colonialisms, troubling any attempt to imagine a clear binary between settler and indigenous. Indeed, in one of the most controversial recent monographs, Comanche Empire, Pekka Hämäläinen argues that we must recognize indigenous sovereignties as themselves capable of imperialism. In this paper I will give an overview of recent works of scholarship of the US borderlands in order to explore both how the history of the Southwestern borderlands might serve to trouble the often Manichean applications of settler colonial theory in the U.S. context, but also to consider how the insights of transnational settler colonial studies might serve as an important explanatory tool for some of the borderlands’ more persistent contradictions.

‘Wild Rivers, Wild Time: Resilient Frontiers and Cape York Peninsula’, Timothy Neale, University of Melbourne Abstract: Recently, the Queensland government has begun attempting to ‘replace’ the Wild Rivers Act 2005, a

catchment-based environmental regulation requiring development setbacks from designated waterways. Decried as ‘green tape’ hampering Indigenous futures in the far north, the Act provoked sufficient ire in Cape York Peninsula to attract the attention of federal opposition leader Tony Abbott and, in turn, the interest of several parliamentary inquiries. But under Premier Newman’s administration the Act still survives and has continued to enjoy broad support in the Gulf and Channel country. Why this disparity between regions? This paper suggests that the Wild Rivers controversy should be understood in the context of the persistent failure of the settler project in Cape York Peninsula – its having been, to quote Noel Loos, a site of ‘uncompleted colonisation’ – a failure that has both led to the entrenchment of ‘wildness’ as a constitutive value of the region and, more recently, its availability to claim under native title and Indigenous land legislation. A resiliently remote, ecologically ‘intact,’ comparatively depopulated and majority Indigenous region, the present uses of the Peninsula’s persistent ‘wildness’ places pressure upon binary conceptualisations of the settler- Indigenous problematic and opens up questions about the future of such regions within the settler-colonial nation state.

Biographical notes:

Timothy Neale is a PhD candidate in Cultural Studies at the University of Melbourne, currently engaged in a project concerning Queensland’s Wild Rivers legislation. He has recently published papers in Australian Humanities Review and Griffith Law Review on this topic.

Alex Trimble Young is a Provost’s PhD fellow in the English department at the University of Southern California. His recent publications include an article on Deleuzian rhizomatics and the settler colonial imaginary in Western American Literature entitled ‘Settler Sovereignty and The Rhizomatic West’. With Erik Altenbernd, he is co-editing, a special issue of Settler Colonial Studies on the concept of the frontier in transnational history.

Lorenzo Veracini is at the Swinburne Institute for Social Research. His research focuses on the comparative history of colonial systems and settler colonialism. He has authored Settler Colonialism: A Theoretical Overview (2010). Lorenzo is managing editor of Settler Colonial Studies.

BOOK: Sumalla on Historical Memory and Criminal Justice in Spain

2013-06-18T13:41:00.000+01:00

Intersentia has published Josep M Tamarit Sumalla’s Historical Memory and Criminal Justice in Spain: A Case of Late Transitional Justice. The abstract reads:

The Spanish transition from the Franco regime to democracy has not been a very popular subject amongst researchers examining transitional justice at the international level. However, Spain presents certain peculiarities that make it an interesting case in which to explore comparative law and sociology. It has sometimes been seen as a model of peaceful transition, but has also been labelled as an example of an “amnesic” transition to a democratic system in which victims’ rights, justice and truth were forgotten. In contrast to other transitions, demands of justice were not expressed during what was the purely transitional period, but they have been on the increase since then. That is why, in this case, we can speak of “post-transitional justice” or, more properly, of “late transitional justice”.

This book analyses, above all, the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice. By comparing this experience with transitional decisions adopted in other countries, the book highlights the main features of the Spanish case and the lessons that can be learned from it. Measures adopted during the transitional period, such as the amnesty and subsequent decisions aimed at giving some kind of partial reparation to the victims of the repression, are here studied. Demands for reviewing the past, the 2007 Historical Memory Act, and the controversial use of criminal justice are also considered. Criminal Law is hardly applicable to the facts of the past, but the purely amnesic option can no longer be defended. Therefore, the author proposes a plan of action including different measures, such as the creation of a commission of memory, which would be in charge of investigating not only violent crimes or torture, but also other related crimes, including child abduction and politically motivated unlawful adoptions and those perpetrated in a systematic way during the Dictatorship. A victim-centred approach requires ensuring that each victim has the right to be considered on the basis of his or her own suffering, needs and rights and not as a member of a large group.

NOTICE: Juris Diversitas on Twitter and Facebook

2013-06-17T23:40:00.000+01:00

Don't forget to check us out on Twitter (@JurisDiversitas) and Facebook.

BOOKS: Irish Legal History Society

2013-06-17T11:26:00.000+01:00

Dear members, we have a few fantastic books coming out over the next few months... watch this space! Free to members as always
— Irish Legal History (@IrLegalHist) June 17, 2013

For additional information, see the Irish Legal History Society website at http://www.ilhs.eu/

BOOK: Ramaekers on European Union Property Law

2013-06-17T09:37:00.003+01:00

Intersentia has published Eveline Ramaekers’ European Union Property Law: From Fragments to a System.

Its abstract reads:

The European acquis communautaire in the field of property law is to a large extent still unexplored. This study has aimed to shine a light on EU property law. It provides an overview of the existing acquis communautaire in property law, and presents a proposal for the future development of this field of law. It deals with the influence of the EU’s four freedoms - of goods, persons, services and capital - on national property law and discusses whether or not the EU would have the competence to actively create property law, and the extent to which it has already done so. By conducting an extensive search on the basis of some thirty key property law terms, the author has been able to uncover not just the handful of Directives and Regulations that touch upon property law and are relatively well known, but also hundreds of EU legislative measures that make use of property law concepts, but leave them mostly undefined.

The resulting picture of EU property law is a fragmented one. In order to develop this field of law more consistently and coherently, the author has proposed a framework for future EU property law, focusing on both form and content. The essence of this framework is the development of three European-autonomous property rights, functioning within a European set of property law rules.

The contents are available here.

POSTGRADUATE WORKSHOP: Comparative Research In Commercial Law: Challenges and Opportunities

2013-06-16T12:22:00.002+01:00

Tuesday 25 June 2013 Postgraduate Workshop 'Comparative Research In Commercial Law: Challenges and Opportuniti... http://t.co/S9MBxXEkXg
— Durham Law School (@DurhamLawSchool) June 15, 2013

VIDEO: Shah on Law and the Comparative Science of Cultures

2013-06-14T22:51:00.000+01:00

VIDEO: Dr Prakash Shah (Queen Mary, London) on Law and the Comparative Science of Cultures. http://t.co/EExk5WOXU7. @QMSchoolofLaw
— ComparativeLaw (@JurisDiversitas) June 14, 2013

CALL FOR PAPERS: Eighth Annual Conference on Empirical Legal Studies

2013-06-13T23:56:00.000+01:00

CELS 2013 - Eighth Annual Conference on Empirical Legal Studies

Friday Oct. 25 & Saturday Oct. 26, 2013, University of Pennsylvania Law School

Paper Submission Deadline: Wednesday, July 3, 2013, midnight (EST)

The Eighth Annual Conference on Empirical Legal Studies (CELS 2013), sponsored by the Society for Empirical Legal Studies (SELS) will be held at The University of Pennsylvania Law School, in Philadelphia, PA, on Friday, October 25 and Saturday, October 26, 2013. The conference features original empirical legal scholarship by leading scholars from a diverse range of fields.

PAPER SUBMISSION PROCEDURE: To submit a paper for consideration, please go to the CELS 2013 Conference Maker page at: https://editorialexpress.com/conference/CELS2013. There is no charge for submissions. All submissions will be peer-reviewed.

FURTHER INFORMATION: For more information about CELS 2013, please visit: https://www.law.upenn.edu/academics/conferences/cels2013

For information about the Society for Empirical Legal Studies please visit: http://www.lawschool.cornell.edu/sels

CELS 2013 Co-Presidents:
David S. Abrams
Theodore W. Ruger
Tess Wilkinson-Ryan

NEWS AND REVIEWS: European Network on Law and Society (Réseau Européen Droit & Société)

2013-06-13T23:31:00.000+01:00

The excellent 'Nouvelles du monde’, 'Au fil des revue', and 'Repères'--both Anglophone and Francophone--of the European Network on Law and Society (Réseau Européen Droit and Société) are now available for this month.

Have a look.

ARTICLE: Andenas and Fairgrieve on Comparing Judicial Decisions

2013-06-13T20:20:00.002+01:00

Mads Andenas and Duncan Fairgrieve's 'Simply a Matter of Style? Comparing Judicial Decisions' is on SSRN. The abstract reads:

Traditionally overlooked in academic discourse, the style or form of judgments is nonetheless subject to worldwide development. Courts are responding to the increasingly important international and European courts, exchanges and cross-citation over national boundaries, and the further opening up of legal systems, traditionally perceived as closed with well-defined hierarchies. Within this process, it is important for judges, practitioners and scholars to understand the different formats of judgments from other jurisdictions. The advent of the new United Kingdom Supreme Court has prompted a development of the form of judgment with emphasis on clarity and accessibility. The paper argues that delivering a judgment of the court, instead of individual judgments, while not suppressing dissenting judgments, would take this development to the next stage.

CONFERENCE: Law and the Muslim World

2013-06-13T19:55:00.000+01:00

Law and the Muslim World

International Conference

Oxford

30 October 2013

This conference is set out to be a forum of international scholars who can offer contributions in so far as the concept and practice of law are concerned within the Islamic world and as they are seen by Muslim nations within international frameworks. The topics are but not restricted to the following:

-Constitutional Law

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Law profession and lawyers i.e. attorneys, solicitors, barristers...

- The courts of law and their competence

- Judges: their qualities and qualifications

- Judicial Systems

- Judiciary and Governments

- The modern law Scholars and Shariah lawyers (fuqaha) and their interaction

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- Islamic Law

- Its role in making mundane law historically

- Its role in making mundane law in modern times

- Ideal legal form of government from as envisaged by Islamic scholars

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- Regional Study of Law

- East Asia

- Middle East

- North Africa

- Central Asia

- Europe

- Americas

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- Comparative Law

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- International Law

- Muslim nations and their part in formulation of the international law

- The interaction of the Muslim nations with the international law and its instruments and agencies

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- Transitional Justice

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- Law and Economic Growth

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- Law Enforcement

Registration: register@oxfordlawintl.org.uk

Abstracts: abstract@oxfordlawintl.org.uk

Abstracts Submission Deadline: 2013-09-30

CALL FOR SUBMISSIONS: Decolonization: Indigeneity, Education & Society

2013-06-13T19:22:00.002+01:00

Indigenous Art, Aesthetics, and Decolonial Struggle

[June 13, 2013] Decolonization: Indigeneity, Education & Society invites submissions from scholars, artists, and activists for a new issue of the journal exploring Indigenous art, aesthetics, and decolonizing struggle, guest edited by Jarrett Martineau (University of Victoria, Cree/Dene), in conjunction with the Editors of Decolonization.

This issue invites us to consider the role of cultural production in decolonization, and to rethink Indigenous and decolonial art and aesthetics as creative action nurtured by community and closely connected to the decolonization of self, society, and land. The issue will explore and challenge colonial conceptions of art and power, and ‘ground’ decolonial aesthetics and creative praxis in both the physical lands and imaginative spaces of continued Indigenous presence.

As always, we are interested in papers that connect theoretical discussions with active decolonization work by engaging the intersections of theory, art and practice. We encourage submissions that draw from personal, experiential, and subjective locations, as well as submissions that focus on contemporary forms of creative expression including, but not limited to: visual art, performance, literature, new media/internet art, music, film, and design.

This issue invites contributors to consider the following questions:

- What are the connections and relationships between art, activism, resurgence, and resistance?

- What is the role of cultural production in decolonization? (**and/or How might art contribute to the revitalization of Indigenous nationhood?)

- How can art be used to disrupt normative orders and political status quo?

- How is Indigenous artistic creation connected to history, land, and community? How might art be seen as decolonization, particularly in light of the challenges brought forth by Tuck & Yang (2012) around decolonization and its incommensurable meaning/goals?

- How might art and aesthetics, born out of particular locations, Indigenous communities and nations, enable practices of solidarity and alliance to be forged in creative ways?

- What are the intersections between gender and decolonial or Indigenous art and aesthetics?

- How does art create, speak to, and emerge from alternative spaces that contest global capitalism, colonial violence, and imperial expansion?

- How is art used to challenge, unmake, or reconstruct borders?

- How can artistic production contribute to Indigenous and decolonial futures?

- In what ways does art occupy or create contested spaces of ambivalence, between aesthetic production and politically contentious creativity?

Contributions are to be submitted at www.decolonization.org no later than December 6th, 2013. Selected articles will be published in our May 2014 issue.

Articles should follow our journal style guidelines, which can be found here. Scholarly articles are subject to a double-blind peer review and details can be found here. Submitted contributions may also include papers, visual art, audio, video, poetry or personal narratives that challenge the boundaries of scholarly production, either integrated with/in an article or as stand alone pieces.

Beyond this specific call for papers, Decolonization is also accepting general submissions at this time. If you have a submission that fits our general goals and guidelines, please feel free to submit it for review.

If you have any further questions, please don’t hesitate to contact us at editors@decolonization.org

INFORMATION: Socio-Legal Studies Association

2013-06-13T17:51:00.000+01:00

Socio-Legal Studies Association: Information on publications, vacancies, events, and so much more at @slsa_uk and slsa.ac.uk/news#JLS.
— ComparativeLaw (@JurisDiversitas) June 13, 2013

SPEECHES: The Keynote Speeches of the 5th Annual Conference of the Irish Society of Comparative Law

2013-06-13T17:16:00.000+01:00

The Keynote Speeches of the 5th Annual Conference of the Irish Society of Comparative Law, held on 24-25 May 2013 at the National University of Ireland - Galway, are now available online.

These include:

Professor Susan Farran (University of Northumbria), 'The age of Empire. Again: critical thoughts on legal imperialism'
Professor Brice Dickson (Queens University Belfast and Former President, Irish Society of Comparative Law), 'The Irish Supreme Court in Comparative Perspective: Preliminary thoughts', with a response by Judge Catherine McGuinness (Retired, Irish Supreme Court).

CALL FOR PROPOSALS: The Legalization of Culture and the Enculturation of Law

2013-06-13T16:43:00.000+01:00

Call for conference proposals - The Legalization of Culture and the Enculturation of Law mcgill.ca/law/channels/n…
— McGill Law (@LAWMcGill) June 11, 2013

ARTICLE: (Tribal) Criminal Jurisdiction and the Nation-State

2013-06-13T14:23:00.000+01:00

New blog post: New Oregon Law Review Article on (Tribal) Criminal Jurisdiction and the Nation-State bit.ly/16i3Hnj
— TurtleTalk (@ILPCTurtleTalk) June 13, 2013

TWITTER: The Institute of Law - Jersey

2013-06-13T14:03:00.000+01:00

The Institute of Law - Jersey (lawinstitute.ac.je) is now on Twitter. Follow them at @instoflawjersey. twitter.com/JurisDiversita…
— ComparativeLaw (@JurisDiversitas) June 13, 2013

ROUNDTABLE: Towards a Critical Theory of Transnational Justice

2013-06-13T11:05:00.000+01:00

Missed our Roundtable "Towards a Critical Theory of Transnational Justice" ? Watch the video: bit.ly/11XxlZL #Justice #IPT #IR
— GCN Journal (@GlobConJournal) June 13, 2013

BLOG: I-CONnect, a New Scholarly Blog on Comparative Public Law

2013-06-12T14:35:00.001+01:00

I-CONnect, a new scholarly blog on comparative public law.

I-CONnect (http://www.iconnectblog.com) is the online companion to I-CON, the International Journal of Constitutional Law (http://icon.oxfordjournals.org), which is published jointly by Oxford and NYU.

I-CONnect welcomes submissions on any subject of comparative public law. Posts can range from 600 to 3000 words, though most submissions have been roughly 700-1000 words. I-CONnect is not associated with the YCC or the American Society of Comparative Law but I-CONnect has received submissions from several members of the YCC, including Donald Childress, Claudia Haupt, David Landau, Sudha Setty and Ozan Varol.

Submissions, preferably in Microsoft Word format, will be accepted at any time via email to richard.albert@bc.edu.

SPD: Endangered Mixed Legal Systems Workshop, too

2013-06-11T16:53:00.000+01:00

Day Two of the Endangered Mixed Legal Systems Workshop has just ended.

Today's presentations included discussions of Seychelles, Guyana, the Philippines, Mauritius, and Guernsey.

We also had a roundtable discussion of different 'Models of Mixing' in both large and small jurisdictions. This included consideration of why a mixed system, or indeed any system, is to be preserved, as well as the tools necessary for the work of preservation (eg, doctrine, dedicated individuals, a 'mixed' education, etc).

A book will follow ...

SPD: Endangered Mixed Legal Systems?

2013-06-10T23:44:00.000+01:00

Day One of the Endangered Mixed Legal Systems Workshop

has just ended.

I had the pleasure of chairing while colleagues spoke about Scotland, Quebec, Cyprus, St Lucia, and Jersey, as well as on a general discussion on 'Risks and Resistance' in such systems (though my own sense is that the lessons of these systems are important for all traditions).

More tomorrow.

FELLOWSHIPS: Kluge Fellowships at the Library of Congress:

2013-06-07T20:35:00.000+01:00

Kluge Fellowships at the Library of Congress: [We have the following announcement. Recent fellows Kluge Fello... bit.ly/13ihyaj
— Legal History Blog (@legalhistory) June 7, 2013

ARTICLE: Waldron on Human Rights, Raz, and Rawls

2013-06-07T15:18:00.000+01:00

Human Rights: A Critique of the Raz/Rawls Approach wp.me/p2FeXe-hK
— Derecho Global (@derechoglobal) June 7, 2013

REMINDER: Seminar on ‘Endangered Mixed Legal Systems'

2013-06-07T12:19:00.000+01:00

A Seminar on ‘Endangered Mixed Legal Systems’ will be held in Glasgow on 10-11 June 2013.

The Seminar is sponsored by the Regius Chair Tercentenary Fund of the University of Glasgow School of Law and the British Association of Comparative Law.

The provisional programme is as follows:

10 June

9-9:30 Registration, Coffee, and Tea

Welcome and opening address – Emerita Professor Esin Örücü

10-12 Session 1 - Chair: Dr Séan Patrick Donlan

Scotland: Professor Sue Farran

Quebec: Professor Sophie Morin

Cyprus: Dr Achilles Emilianides

12-1:30 Lunch

1:30-3 Session 2 - Chair: Séan Patrick Donlan

St Lucia: Professor Jane Mathew Glenn

Jersey: Sir Philp Bailhache

3-3:30 Afternoon Tea

3:30-5 Roundtable Discussion

‘Risks and Resistance’

(based on the presentations)

7:30 Symposium Dinner

For invited guests and conference speakers

The Bothy Restaurant, 11 Ruthven Lane, Glasgow

11 June

9:30-11 Session 3 - Chair: Professor Sue Farran

Seychelles: Justice Matti Twomey

Guyana: Professor Christine Toppin-Allahar

11-11:30 Coffee and Tea

11:30-1 Session 4 - Chair: Professor Sue Farran

Mauritius: Professor Tony Angelo

Guernsey: Michael McAuley

1-2 Lunch

2-3:30 Roundtable Discussion and Closing Session

‘Models of Mixing: is there an ideal?’

3:30 Afternoon Coffee and Tea

For additional information, contact jennifer.crawford@glasgow.ac.uk.