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the London School of Economics and Political Science

 

Issue 3: March 2009

 

 

In this issue

 

 

  • Information on three forthcoming public lectures More
  • News on student Mooting successes in the Department More
  • New feature: Recent Staff Publications More
  • Law course on the new LSE Executive Summer School  More

 

 

 

Public Lecture Series: Officers of the Law

 

 

The separation of powers idea is at the heart of all legal democracies. Yet within those democracies there will often be positions of high office that require their holders to perform functions that are both legal and political. In 2008/09, the LSE Law Department is holding a series of events at which various senior figures who hold or have held positions of this type talk about their lives in the law, the nature of their office, the institutions which they serve, their roles and responsibilities within those institutions, the role of lawyers in government and their understanding of the relationship between law and politics.
 

There will be one event in the summer term following five successful events earlier in the year. Click here for more information and mp3 podcasts of previous events in this series. The events are not specifically pitched at an academic audience, and in each instance have taken the form either of a lecture by or a conversation with the invited speaker.

 

 

Lord Phillips: On the New Supreme Court

 

 

Tuesday 28 April 2009  6.30pm-8pm
Old Theatre, Old Building LSE
 

Lord Phillips is the former Lord Chief Justice of England and Wales and in October 2009 will become the first President of the Supreme Court of the United Kingdom.
 

Chair: Professor Michael Zander QC, Emeritus Professor of Law (LSE)
 

More information about this event
 

 

The Department will also be hosting two further events in the summer term, as follows:

 

 

 

Legal Biography Project: Lord Hoffmann

 

 

 

Tuesday 5 May 2009  6.30pm-8pm
Wolfson Theatre, New Academic Building LSE

Lord Hoffmann is Lord of Appeal in Ordinary

Chair: Sir Ross Cranston QC, Professor of Law (LSE)

More information about this event

 

 

 

The Modern Law Review 37th Annual Chorley Lecture:

Abdullahi A An-Na'im: The Compatability of Islamic Law and State Law

 

 

  Wednesday 10 June 2009  6pm-7pm
Shaw Library, Old Building LSE

Abdullahi A An-Na'im is Charles Howard Candler Professor of Law at Emory University, Atlanta, Georgia, USA

 

Chair: Professor Hugh Collins, Professor of English Law (LSE)

More information about this event

 

 

 

Mooting Successes in the Department:

Philip C. Jessup International Law Moot

 

 

On 20-22 February, a team of mooters (Mohbuba Choudhury, Lucy Demery, Tara O'Leary, Anthony Nicholls and Nausheen Rahman) competed in the UK National Rounds of the Philip C. Jessup International Law moot organised by the International Law Students Association.

 

Rather unusually, this year's team had already mooted before some famous personalities, having put on displays at the Queen's opening of the New Academic Building and at an alumni reception. They were also put through their paces by numerous faculty members - this stood them in good stead when facing benches of Jessup veterans and experts in the field.

 

After convincing victories in all four preliminary rounds, the team proceeded to the semi-finals where they faced King's College London. After a high-quality and gruelling round, the LSE team were unanimously declared the victors. They were congratulated on their professional manner as well as the technical precision of their answers. The team will now proceed to the international finals, to be held on 22-28 March in Washington DC. We are confident that they will be excellent ambassadors for the LSE and look forward to their continued success in the remaining stages of the competition.
 


pictured above, from left to right:

front row: Tara O'Leary, Nausheen Rahman. second row: Mohbuba Choudhury, Anthony Nicholls, Lucy Demery, Aleksandra Bojovic [coach], Zoe Fiander [coach]

 

  Internal Mooting

 

 

The highlight of this year’s internal mooting has been the first year competition and second and third year competition which have both benefited from the invaluable assistance of the members of The Honourable Society of Gray's Inn, not only in providing practical assistance, but also in extending their expertise to judge them. The Hon. Sir Michael Burton and Mr Matthew Gullick presided over the first year final between Joel Keh and Nizar Manek for the appellant, and Hannah Lee and Gerthrine Cheo for the respondent, in a case of negligence liability for pure economic loss. After a remarkable exchange of arguments from both sides, Hannah Lee and Gerthrine Cheo were declared winners. 

 

The final of the second and third year Internal Mooting Competition was presided over by Mr Jeremy Stuart-Smith QC and Dr Andrew Lang from the Department. Jacqueline Park and Sam Lintonbon representing the appellant, and Jerald Foo and Christopher Randall representing the respondent, presented high calibre and creative submissions before this prestigious bench. In the face of tough judicial questioning, the correctness of one the most well known Court of Appeal decisions in contract law in recent years, Williams v Roffey Bros, was disputed, and argument given as to what constitutes a ‘practical benefit’. Jacqueline Park and Sam Lintonbon were declared winners, with Hannah Fisher and Sam Lintonbon tied in place for the Best Mooter award.

 

pictured above, from left to right:
The Hon. Sir Michael Burton, Dr Andrew Lang, Joel Keh, Nizar Manek, Gerthrine Cheo, Hannah Lee, Aashni Dalal, Matthew Gullick

Special thanks are due to all the undergraduate and postgraduate students who judged and coached their juniors this year, particularly Antony Bavan, Nathaniel Bird, Alice Carse, Miles Hastie, Oliver Lewis, Dan Marcus, Azan Marwah, Jeffrey Meyers, Charlie Osborne, Abhijit Pandya, Dan Peat, Tim Rawlings and Donald Shawler for their constant support. Many thanks also to Dr Andrew Lang for his guidance and assistance and to Professor Hugh Collins for extending the support and encouragement of the Department. Lastly, but certainly not the least, the LSE SU Law Society’s contribution in sponsoring mooting drinks, trophies and certificates has been essential in maintaining the social aspect of mooting throughout the year.

 

 

 

 

Lawyers' Alumni Group

 

 

The LSE Lawyers' Alumni Group continues to go from strength to strength, with two very successful events under its belt in 2008/09 - a networking reception in the New Academic Building in November, and the Annual Dinner with guest speaker Professor Christopher Greenwood in February. Click here for reports on both events.

The Group's next event is a 'Summer Drinks Soiree' on Thursday 18 June - more details to follow. Membership of the Group is free and open to all LSE alumni - click here to find out how to join the alumni.

 
 

 

Recent Staff Publications

 

 

In a new feature to e-ratio we highlight recent publications by academics in the Department of Law. If you would like to keep even more up-to-date with research and publications please visit here.

L McGoey and Emily Jackson

‘Seroxat and the suppression of clinical trial data: regulatory failure and the uses of legal ambiguity'
Journal of Medical Ethics 2009;35:107-112

This article critically evaluates the Medicines and Healthcare products Regulatory Agency’s announcement, in March 2008, that GlaxoSmithKline would not face prosecution for deliberately withholding trial data, which revealed not only that Seroxat was ineffective at treating childhood depression but also that it increased the risk of suicidal behaviour in this patient group. The decision not to prosecute followed a four and a half year investigation and was taken on the grounds that the law at the relevant time was insufficiently clear. This article assesses the existence of significant gaps in the duty of candour which had been assumed to exist between drugs companies and the regulator, and reflects upon what this episode tells us about the robustness, or otherwise, of the UK’s regulation of medicines. More on this article

 

Paul Davies
Gower and Davies' Principles of Modern Company Law  8th ed

(Thomson Sweet & Maxwell, London, 2009) [New edition]

 

As the leading text available on company law, Gower and Davies is an interesting, thought-provoking and above all, understandable exposition of both the law and practice. The work covers all key areas of company law by way of a detailed, in-depth analysis; incorporates and discusses the fundamental changes brought about by the Companies Act 2006; deals with the transposition of the EU Directives adopted under the Financial Services Action Plan; discusses key case law such as Bhullar v Bhullar on corporate opportunity, Item Software v Fassihi on conflict of duty, Re Spectrum Plus on charges over book debts, Clark v Cutland on unfair prejudice, and Chaston v SWP Group on financial assistance; provides students with the clarity they need on what is an increasingly complex subject and is a key reference guide for practitioners. More on this publication
 

Bob Simpson

'The Employment Act 2008's amendments to the national minimum wage legislation'

Industrial Law Journal (2009) 38(1), 57-64

 

In the 10 years since they came into force in April 1999, the National Minimum Wage Act 1998 (NMWA) and the National Minimum Wage Regulations 1999, S.I.1999 No. 584 (NMW Regulations), which were made under it, have been amended on a number of occasions. While many of the changes can be seen as matters of largely technical detail (such as the National Minimum Wage Enforcement Notices Act 2003), there have been some important modifications to the law which reflect developments in government policy. More on this article

 

Other recent publications of note:

Jan Kleinheisterkamp and Stefan Vogenauer: 'Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)' (OUP, 2009) More on this publication

Nicola Lacey: ‘Philosophy, Political Morality and History: Explaining the Enduring Resonance of the Hart-Fuller Debate' New York University Law Review (2008) 83(4), 1059-1087 More on this article

 

 

 

 

LSE Executive Summer School

 

 

LSE Summer School has launched a new initiative this year - the LSE Executive Summer School. This is a programme of short, small, focused one week intensive courses designed for professionals and graduates. The programme will take place in June, and be taught exclusively in the New Academic Building. One of the courses is Advanced Issues in EU Company Law taught by Dr David Kershaw and Professor Jonathan Rickford, which looks at select issues in EU Company Law with a particular focus on the ways in which EU law facilitates and regulates cross-border economic integration, mergers and takeovers.  This is an advanced course that will provide participants with an opportunity to learn about and discuss some of the key recent developments in EU Company Law and to consider the effects in practice in member states of these developments.

 

Click here for more information about LSE Executive Summer School

 

 

 

Staff appointments and promotions

 

 

LSE Department of Law is delighted to announce the following promotions:

  • Michael Bridge has been appointed to the Cassel Chair in Commercial Law in the Department, to succeed Paul Davies on his retirement at the end of this academic year.

  • Giorgio Monti has been promoted to Reader (with effect from 1 August 2009)

  • Margot Salomon has been promoted to Senior Lecturer (with effect from 1 August 2009)

 

The Department would also like to congratulate Dr Chaloka Beyani on his recent appointment by the President of the Republic of Kenya to be an international member of the Constitutional Review Committee of Kenya. More on this appointment

 

We would also like to congratulate Professor Conor Gearty on receiving an honorary doctorate from Roehampton University awarded for his exceptional work and contribution to human rights. More on this news

 

 

 

Other News

 

 

On Thursday 12 March the Law and Financial Markets Project of LSE hosted a one day conference entitled ‘Rebuilding Confidence in Financial Markets’. Confidence in all aspects of the UK’s system of financial regulation and its private law architecture for financial transactions has been severely tested by the ongoing financial crisis. This timely conference brought together leading market participants, regulators and academics to examine the relative roles of public and private actors in the causes, handling of, and responses to the credit crisis and to discuss what their roles should be in the future course of financial markets regulation. Click here for more information

 

Furthermore, the Law and Financial Markets Project will be hosting, jointly with the European Bank for Reconstruction and Development, a three day series of seminars in July following the first successful series in 2008. For further information please visit here.

 

Dr Andrew Lang, together with Professor Colin Picker from UMKC and other colleagues from around the world, has established the Society of International Economic Law (SIEL), with the aim of supporting and connecting those engaged in the field of international economic law globally. The Inaugural Conference of SIEL was held in Geneva last year, attracting over 300 participants from over 30 countries. With more than 70 speakers on the programme, it showcased the breadth and depth of thinking in the field of international economic law in the contemporary context. This major conference will be held biennially, with the next in 2010 at a venue to be decided shortly. SIEL is also involved in supporting a number of regional events later in 2009, including the Asian Society of International Law's annual conference in August in Tokyo, as well as BIICL's Annual WTO law conference in London in May. Further information about SIEL and its activities can be found here.

 

To find out the latest developments within the Department, please visit our regularly updated News page which by clicking here.

 

 

 

Edited by Bradley Barlow, Department of Law, London School of Economics and Science, Houghton Street, London WC2A 2AE. Tel: 020 7955 7687. Fax: 020 7404 4213. Email: b.barlow@lse.ac.uk

Contributors: Professor Hugh Collins, Ms Aashani Dalal (Internal Mooting Officer), Mr Lee Jackson, Dr Andrew Lang, Ms Joy Whyte

 

 

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