News
Emily Jackson   

18 July 2016

Professor Emily Jackson elected Fellow of the British Academy

Congratulations to Professor Emily Jackson who has been elected a Fellow of the British Academy.  Each year, the British Academy elects to its Fellowship up to 42 outstanding UK-based scholars who have achieved academic distinction as reflected in scholarly research activity and publication. Professor Jackson first joined the LSE in 1998. She is a member of the British Medical Association Medical Ethics Committee, and until 2012, she was Deputy Chair of the Human Fertilisation and Embryology Authority. Since 2014, she has been a Judicial Appointments Commissioner. Her research interests are in the field of medical law and ethics, with particular emphasis upon reproductive issues, end of life decision-making and the regulation of the pharmaceutical industry.

 

30 June 2016

Workshop: International Criminal Justice on/ and Film

LSE Law, LSE Centre for International Studies and LSE Department of International Relations announce a joint workshop, International Criminal Justice on/ and Film, 12-13 September 2016.

The workshop's starting point is that film — in the broadest sense of fiction, documentary, media reportage, and audiovisual court transmissions — is key to the scholarship and practice of international criminal justice.

The workshop is a creative effort to analyse and make sense of disparate ways in which film and international criminal justice relate to each other with different logics, such as in aesthetic, truth, political and legal relations. Potential themes or directions of analysis may include, for example: genres of film on international criminal justice; film and histories; functions of films; agendas and ideologies in films on international criminal justice; dominant images versus absent or obscure images; teaching international criminal justice with film; filmmakers and the political economy of filming 'atrocity' and 'justice'.

For full details about the workshop, please click here.

 

Brexit LSE LAW


For a range of commentary and links to press articles please click here.
 

Andrew Scott

23 June 2016

Dr Andrew Scott joins call for media freedom

Dr Andrew Scott has joined with other experts and academics to urge Dunja Mijatović, the OSCE Representative on Freedom of the Media (the Representative), and David Kaye, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (the Special rapporteur), to address the state of media freedom in the UK, in particular to address attempts to undermine the independence of the BBC, the public service broadcaster, and to ensure the independence of the press in relation to self-regulation.

Damian Chalmers

13 June 2016

Professor Damian Chalmers on EU and Brexit

Professor Damian Chalmers has been busy in the press. In the last two weeks he has appeared on BBC and ITV news, LBC, Radio 5 Five Live and ITV Facebook discussing a variety of controversies that have emerged during the referendum. These have included the likelihood of Turkish accession to the EU, the state of EU food law, the democratic deficit within the European Union and the impact that Brexit might have on UK relations with the rest of the world.

Conor Gearty

2 June 2016

Professor Conor Gearty honoured by Royal Irish Academy

Professor Conor Gearty has been made a member of the Royal Irish Academy (RIA).

RIA membership is in recognition of Professor Gearty’s distinguished reputation for legal scholarship in the field of civil liberties, human rights and the dilemmas and risks posed for freedom and democracy.

Professor Gearty said: “I was bowled over to be offered this award. Although I am Irish I have never worked as an academic in Ireland so the honour means a great deal.

"And my co-recipients were so distinguished, among them Professor Louise Richardson (Vice Chancellor of Oxford) and Professor Sir Paul Nurse (Noble prize winner), that I felt as humbled as I was proud!”

Membership to the Royal Irish Academy has been awarded annually since 1785 and is the highest academic honour in Ireland. Professor Gearty was among 22 outstanding researchers admitted to the Academy, joining the 497 current members in disciplines from the sciences, humanities and social sciences.

Julia Black

2 June 2016

Professor Julia Black wins Regulatory Studies Development Award

Professor Julia Black is the winner of the 2016 Award for Regulatory Studies Development, made by the Standing Group on Regulatory Governance of the European Consortium for Political Research. The award is intended to recognize a senior scholar for his or her achievements in, and contributions to, regulation & governance scholarship and teaching. The Award, which was established in 2014, is awarded every two years. The Steering Committee was unanimous in its decision to give the award to Professor Black: 'Professor Black has addressed and advanced many and perhaps most of the key areas of contemporary concern in regulatory governance scholarship and has shared her learning extensively both with scholarly and practice communities'.

Conor Gearty

1 June 2016

Professor Conor Gearty voices concern over Counter-Extremism & Safeguarding Bill

A diverse and unique coalition of civil society groups and leading figures have come together to highlight serious concerns about the government's proposed Counter-Extremism and Safeguarding Bill. The joint statement by multi-faith alliance of 26 organisations and individuals says "we are extremely concerned that the proposed Counter-Extremism and Safeguarding Bill will feed the very commodity that the terrorists thrive on: fear." Among the signatories is Professor Conor Gearty, Professor of Human Rights, at LSE. The statement can be viewed here.

1 June 2016

NEW BOOK: Crime, The Mystery of the Common-Sense Concept

Crime is a source of endless fascination and fear. Yet behind the apparent consensus that crime must be fought, there is considerable conflict about what should or should not be treated as criminal, and even the most shocking crimes can inspire divisive debate. This concise book explores the seemingly simple, common-sense concept of crime revealing the huge complexities, ambiguities and tensions that lie beneath it.
   Ian Loader, University of Oxford, says: "This book displays in abundance the hallmarks of Robert Reiner’s work: it synthesizes a vast amount of literature and data into a remarkably accessible and compelling narrative, and it is both sociologically dispassionate and morally serious about its subject matter. The result is an accomplished introduction to the concept of crime." Full details about the book can be found here.

31 May 2016

LSE Law comes third in the Guardian’s University League Table 2017

LSE Law has been ranked third in the Guardian’s University League Table 2017 for Law, after Oxford and Cambridge. The score is based largely on an assessment of student satisfaction and teaching quality, based on the results of the National Student Survey, but also takes into account student/staff ratios and the amount we spend per student. Coming soon after our exceptional performance in the Research Excellence Framework, this is another confirmation of LSE Law’s position among the very top law schools in the UK. For details, see the Guardian report here.

31 May 2016

Law and Photography: Mugshots, Passports and Portraiture: Workshop 1st - 2nd July 2016

A workshop co sponsored by The Birkbeck History and Theory of Photography Research Centre, The Birkbeck Institute for the Humanities and the Department of Law, LSE.

The history of photography and the legal presentation of documentary proof enjoyed a complex relationship from the nineteenth century onwards, which was variously fuelled by pragmatism and suspicion. This workshop aims to examine the ways in which photographic technologies have contributed, both practically and symbolically, to the construction of particular legal, evidential and affective modes of vision. Criminal mugshots, passport photographs and other forms of official and domestic styles of photographing the face will be considered in their historical and geographical contexts and in relation to forms of gendered colonial and post-colonial identity. The workshop will be informal and structured around 30-minute papers, with generous time for discussion amongst the audience.

Click here for a programme and full details.

Conor Gearty

20 May 2016

New book and website by Conor Gearty: On Fantasy Island

Professor Conor Gearty has a new book coming out in late Summer with Oxford University Press: On Fantasy Island. Britain Strasbourg and Human Rights. As a prelude to that he is publishing extracts from the book on http://onfantasyisland.co.uk/  on a weekly basis, starting just a few days ago, on the day of the Queen’s Speech (18 May). The idea is to set out some of the themes and arguments that are dealt with more fully in the book itself and to invite comments. 

19 May 2016

New issue of Law, Society and Economy Working Paper Series

We are delighted to announce the first issue of the LSE Law Department’s Law, Society and Economy Working Paper Series for 2016.

In this issue, Daniel Ferreira, David Kershaw, Tom Kirchmaier and Edmund-Philipp Schuster (WP01/2016) suggest an improved measure of management insulation from shareholder pressure and examine whether it is more or less iformative than existing management insulation indices; Devika Hovell (WP02/2016) responds to widespread criticism of due process deficiencies in UN decision-making, in particular in the targeted sanctions and Haiti cholera context, and develops a due process framework for the UN context using a value-based analysis (drawing on Anglo-American due process theory) as an alternative to formalistic approaches taken in the literature to date; Nicola Lacey (WP03/2016) draws on the novels of Anthony Trollope to examine the legal and social significance of different conceptions of money, as well as different means of regulating money, on the economic, political and social world of mid Victorian England; Veerle Heyvaert (WP04/2016) argues that the growth of transnational regulation has a transformative effect on law and identifies responses to this transformation as attempts to either reclaim, reconstruct or reconceptualise law, and discusses the strengths and weaknesses of each approach; Michael Wilkinson (WP05/2016) sketches a long-view of the formation of authoritarian liberalism as politically authoritarian forms of government again emerge in defence of practices and ideas associated with economic liberalism; Kai Möller (WP06/2016) discusses the implications of introducing proportionality into US constitutional law and argues that if proportionality were adopted, the other features of what he has labelled 'the global model of constitutional rights' would have to be embraced as well: rights inflation, positive obligations, socio-economic rights, and horizontal effect; Pablo Ibáñez Colomo (WP07/2016) examines the case law on agreements aimed at restricting parallel trade, and identifies the instances in which these agreements are acceptable under Article 101(1) TFEU; Pablo Ibáñez Colomo (WP08/2016) explores tension between EU competition law and sector-specific regulation in terms of their objectives and substantive standards, before concluding that, due to their complementarities, EU competition law has proved to be an effective tool to preserve fragmentation in liberalised markets and to manage technological change; Pablo Ibáñez Colomo (WP09/2016) provides a positive overview of Article 102 TFEU case law and explains that some practices are abusive by their very nature and others are only abusive where they are likely to have an anticompetitive effect. These two categories mirror the object/effect divide found in Article 101(1) TFEU. Based on this framework, the paper provides an analytical approach to address inconsistencies in the case law.
 

18 May 2016

JUSTICE Working Paper on the court and tribunal estate

A report  entitled What is a Court? has been published by a JUSTICE Working Party, including Professor Linda Mulcahy and Dr Meredith Rossner.  The report recommends a fresh, principled and research-driven approach to the configuration of the court and tribunal estate in England and Wales. It calls for a radical rethinking of what our court buildings should look like in order to respond to the demands of modern-day justice, with an emphasis on technology-driven solutions to provide timely and effective access for users.

 

17 May 2016

LSE Law student wins Society for Computers and Law (SCL) Student Essay Prize

Congratulations to Lucie Audibert from the LLB programme who is the winner of the Society for Computers and Law (SCL) Student Essay Prize 2016. Her essay on computer program functionality and copyright addressed one of the optional topics: 'To what extent should the functionality, as opposed to the source code, of computer programs be protected by copyright'. Upon winning the prize, Lucie said "I feel incredibly honoured, and am very grateful to the SCL judges for awarding me this prize. I wish to thank my professor Andrew Murray who has been an important guide in my exploration of IT law. My passion for the field can only grow from here, and I look forward to continue learning about the endless challenges posed by our digital world." We would also like to congratulate runner up Lorraine Chimbga. Lorraine is a UCL student taking LL210 as an intercollegiate course. The full details, including a link to Lucie's winning essay, are available here.

Jo Braithwaite

12 May 2016

Dr Jo Braithwaite co-authors BoE paper on CCP default management

Dr Jo Braithwaite is the co-author (with David Murphy of the Bank of England) of Got to be certain: The legal framework for CCP default management processes (2016) Bank of England Financial Stability Paper 37. The Bank publishes papers on financial stability themes. These are designed to develop new insights into risk management, to promote risk reduction policies, to improve financial crisis management planning or more generally to report on particular aspects of the Bank's systemic financial stability work. In this paper Braithwaite and Murphy evaluate the diverse legal rules governing CCP default management by investigating the extent to which they provide adequate legal certainty. The paper discusses the processes of clearing and collateral posting in detail, establishing the nature of the rights which CCPs rely upon when managing defaulting members. We then consider the relationship between CCP default management processes and insolvency law, as defaulting members are sometimes (but not always) insolvent. This leads to an evaluation of the legal issues arising along a typical default timeline of default declaration; returning to a matched book; and use of the defaulter’s collateral.

27 April 2016

ACADEMIC POSITION: Research Assistant

Research Assistant

Salary from £27,934 to £32,333 pa inclusive with potential to progress to £34,788 pa inclusive

This is a fixed term appointment for 5 months full time (1 FTE) or 10 months part-time (0.5 FTE)

The Law Department at the London School of Economics is seeking to appoint a Research Assistant for the project “Design and Due Process: Facilitating participation in the justice system”. This project, funded by the Leverhulme Trust will seek to examine the extent to which the design of criminal courthouses facilitates participation in, and scrutiny of, the justice system. The project will be led by Professor Linda Mulcahy.

The successful candidate will support the collection, analysis and dissemination of data and findings through a range of methodologies. Applicants will be expected to demonstrate excellent organizational skills, experience of empirical research methods and the ability to work to deadlines.

Applicants should also have a strong academic background with a Masters in sociology, criminology, human geography, architecture or a closely related discipline relevant to the research being conducted. An interest in public architecture and its impact on behaviour or socio-legal approaches to the justice system is desirable.

The other criteria that will be used when shortlisting for this post can be found on the person specification which is attached to this vacancy on the LSE’s online recruitment system.

Informal enquiries should be addressed to Professor Linda Mulcahy (l.mulcahy@lse.ac.uk)

We offer an occupational pension scheme, generous annual leave and excellent training and development opportunities.

To apply for this post, please go to www.lse.ac.uk/LSEJobs. If you have any queries about applying on the online system, or require an alternative format for the application, please e-mail: hr.jobs@lse.ac.uk  quoting reference 1532670.

The closing date for receipt of applications is 11 May 2016 (23.59 UK time). Regrettably, we are unable to accept any late applications.

 

Margot Salomon

22 April 2016

Dr Margot Salomon invited to brief the IMF’s Independent Evaluation Office

The International Monetary Fund’s Independent Evaluation Office (IEO) has just begun a year-long assessment on the role of the IMF and Social Protection in its main areas of operation. At the request of the IEO, Dr Salomon met with evaluators in Washington DC to detail her findings on the role of the IMF in the European debt and austerity crisis, address the human rights obligations of the IMF and its member states, and offer recommendations in moving the IMF towards respect for socio-economic rights. The IEO was established in 2001 to conduct independent and objective evaluations of Fund policies and activities. It is independent from the Management of the IMF and operates at arm's length from the Board of Executive Directors.

7 April 2016

NEW BOOK: Principles of Takeover Regulation

Professor David Kershaw's new book Principles of Takeover Regulation has just been published by Oxford University Press:

Principles of Takeover Regulation explores the nature and optimality of the regulation of the UK’s market for corporate control through the Takeover Code, which is maintained and enforced by the Takeover Panel.

To provide context within which to evaluate UK takeover regulation, the book commences with a consideration of the theory and empirical data on the value effects of the market for corporate control, as well of as its implications for corporate governance, board decision making and stakeholders. It then proceeds to investigate the origins of the UK’s self-regulation of the market for corporate control through the Takeover Code and Panel and explores the drivers of its considerable success. It analyses the key takeover events that created public, political and shareholder consternation in the mid- and late-1950s and the early- and late-1960s, interrogates the multifaceted reactions to these events, and traces how these reactions were translated into regulatory action. Through this analysis the book explores how the City of London’s merchant banking community took control over takeover regulation; fashioning the mode and substance of regulation it its interests, and thereby ensuring its success.

The book then proceeds to provide a detailed account of the substantive rules and principles that make up the Code, critically evaluates the standard justifications for these rules and principles, and considers their effects on market activity and the structure and behaviour of UK companies. The book also investigates the nature, effects and optimality of this regulatory system. In particular, it considers whether the mode of regulation and the regulatory identity of the Takeover Panel – as an independent “self-” or “market-controlled-” regulator – distorts and limits the rule making process. In this regard, the book considers whether the substance and mandatory form of several of the Code’s most well-known rules - including the mandatory bid rule, the non-frustration rule, its rules on bid conditionality, and the prohibition on deal protections – are, inter alia, the product of the maintenance and protection of this sui generis approach to takeover regulation. The book argues that it is the mode of regulation that renders the Panel and the Code overly protective of its “keystone rules” - the rules including the non-frustration rule and the mandatory bid rule which demarcate the Code’s regulatory space - and contributes to the effective closure of this regulatory system in relation to contemporary market conditions and events that raise question marks about the suitability of these rules. At times this results in incongruent regulatory responses to these events which deflect political and public attention from doubts about these rules. Given the uncertain policy and principled case for these rules, which the book also explores, the book submits that there is real doubt as to whether the substance and mode of UK takeover regulation is optimal for UK companies and the UK economy.

24 March 2016

ACADEMIC POSITION: LSE Fellow (up to two posts available)

Salary: £33,784 - £40,867 per annum inclusive
Fixed-term (two years, full-time)

The Law Department is seeking to appoint two fixed-term LSE Fellows.

The objective of the Fellowships is to provide a development opportunity for those who have exceptional potential in legal research and scholarship. The fellowship is not restricted to any particular area of legal study.

The successful candidate will carry out teaching duties, as well as develop research interests. Candidates must therefore have a proven ability to pursue a coherent programme of legal research and scholarship.

Candidates should also have a PhD, or have obtained a PhD before the Fellowship start date of 1 September 2016.

The other criteria that will be used when shortlisting for this post can be found on the person specification which is attached to this vacancy on the LSE’s online recruitment system.

We offer an occupational pension scheme, generous annual leave and excellent training and development opportunities.

To apply for this post, please go to www.lse.ac.uk/LSEJobs. If you have any queries about applying on the online system, or require an alternative format for the application, please e-mail: hr.jobs@lse.ac.uk  quoting reference 1542173

Applications must be received by 24 April 2016 (midnight UK time). Regrettably, we cannot accept any applications received after this date.

Interviews are likely to be held in late May or early June 2016.

23 March 2016

NEW BOOK: In Search of Criminal Responsibility

Professor Nicola Lacey has published her latest work, In Search of Criminal Responsibiity: Ideas, Interests and Institutions (OUP, 2016).

"What makes someone responsible for a crime and therefore liable to punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution."

29 February 2016

LSE Team through to International Rounds of Phillip C. Jessup Mooting Competition

From 12 to 14 February, a team of LSE mooters—Georgia Beatty (LLB, third year), Julia Czaplińska (LLM), Srilekha Jayanthi (LLM), Max Münchmeyer (LLM), and Taylor Steele (LLM)—competed in the UK National Rounds of the Philip C. Jessup International Law Moot Court Competition, winning second place and advancing to the International Rounds next month.

Following preliminary rounds against teams from BPP, Leeds, Oxford, and UCL, LSE was ranked seventh among the eight that entered the elimination rounds. However, with strong performances against Cambridge in the quarterfinals, and UCL in the semifinals, the LSE team earned a spot in the final round against KCL.

After a hard-fought match argued in front of a distinguished panel chaired by Sir Michael Wood, former FCO Legal Advisor, LSE ultimately came away with second place. However, both finalist teams advance to this year's International Rounds, which are held in Washington, DC, at the end of March. In addition, Georgia Beatty was recognized as best individual oralist for her near-perfect performances in the preliminary rounds.

The team is very grateful for all of the support they received in preparation for the competition. In particular, the team thanks the faculty members, graduate students, and friends who put them through their paces, and are especially grateful for the invaluable assistance of their coach, Naomi Burke O’Sullivan.
 

photographs courtesy of John Hudson LRPS

 

Chaloka Beyani

29 February 2016

Dr Chaloka Beyani on forcible displacement

Dr Chaloka Beyani recently gave a seminar at All Souls College, Oxford, to the Public International Law Group at Oxford University on the subject of 'The Forcible Displacement of Populations: Territoriality and Interlocking regimes in Public International Law'. You can listen to it here.

Damian Chalmers

26 February 2016

Professor Damian Chalmers on Cameron's EU Deal

Professor Damian Chalmers commented on the legal force of the deal between the UK and the other EU Member States agreed last week in the Daily Telegraph and Radio 5 Live. He stated that the deal was largely an interpretation of which the Court of Justice only had to take account. It could depart from it. However, if so, this may be a situation where the Heads of Government legally could and would override it. He was also one of three experts called to give evidence to the House of Commons European Scrutiny Committee on the legal status of the deal.

Jeremy Horder

26 February 2016

Professor Jeremy Horder on joint enterprise

Professor Jeremy Horder was recently interviewed on the PM programme on BBC Radio 4, and on the BBC World Service, on recent changes made by the Supreme Court to the law governing joint enterprise. He said that whilst the simplification and narrowing of the scope of liability was welcome, it could generate appeals by those sentenced under the wider old law, who had received harsher punishments for murder introduced by Parliament in 2003.

15 February 2016

NEW BOOK: Reason and Restitution: A Theory of Unjust Enrichment

Dr Charlie Webb has just released his latest book Reason and Restitution: A Theory of Unjust Enrichment  (Oxford University Press: 2016).

In law, gains, like losses, don't always lie where they fall. The circumstances in which the law requires defendants to give up their gains are well documented in the work of unjust enrichment lawyers. The same cannot be said, however, of the reasons for ordering restitution of such gains.
    It is often suggested that unjust enrichment's existence can be demonstrated without inquiry into these reasons, into the principles of justice it represents and invokes. Yet while we can indeed show that there exists a body of claims dealing with the recovery of mistaken payments and the like without going on to inquire into their rationale, this isn't true of unjust enrichment's existence as a distinct ground of such claims. If unjust enrichment exists as a body of like cases and claims, truly independent of contract and tort, it does so by virtue of the distinct reasons it identifies and to which these claims respond.
   Reason and Restitution examines the reasons which support and shape claims in unjust enrichment and how these reasons bear on the law's resolution of these claims. The identity of these reasons matters. For one thing, unjust enrichment's status as a distinct ground of liability depends on the distinctiveness of these reasons. But, more importantly, it matters to those charged with the practical tasks of deciding cases and making laws, for it is these reasons alone which can direct how judges and legislators ought to respond to these claims.

 

Dagmar Myslinska

9 February 2016

LSE Law research shows Polish community exploited in the UK

Although Poles make up the third largest foreign-born community in the UK, new research from LSE Law shows they are being exploited at record levels in their adopted country. In August 2015, thousands of British Poles downed tools and marched on Westminster to vent their frustration at the hands of employers, landlords and clusters of xenophobic individuals. Years of negative attitudes and exploitation culminated in a day-long protest to show their anger at the rise of anti-Polish rhetoric fuelled by the media and echoed across the country. For PhD student Dagmar Myslinska, a Polish-born lawyer raised in the United States, the event was grist for the mill for her thesis, started a year earlier at LSE Law. Using Polish migrants’ experiences as the basis for her PhD studies, she is researching incidents of discrimination against white migrants in the UK, specifically looking at housing and employment issues.

click here to read more ...

 

Emily Jackson

9 February 2016

Professor Emily Jackson on egg freezing and the Timeless project

In response to growing public interest in egg freezing, a fictional beauty brand called Timeless will ‘pop-up’ in London’s Old Street later this month following expert advice and research from LSE. The store will engage women with the issue of fertility and explore how social egg freezing may impact the world of work, relationships and wider society in the future.

Emily Jackson, Professor of Law at LSE, says: “Does egg freezing represent an insurance policy against women’s biological clock, or is it more like buying an expensive lottery ticket? Women (and men) need clear and accessible information not only about egg freezing itself, but also about age-related fertility loss. Effective communication about medical risk is difficult, and the importance of the Timeless project is its use of innovative ways to provide user-friendly information about the risks, benefits and wider implications of egg freezing."

Professor Jackson also recently discussed this issue in the Observer - click here for the full article.

Eva Micheler

25 January 2016

Dr Micheler on intermediated shareholding model is cited by BIS

Dr Eva Micheler’s research is repeatedly cited in a new BIS paper ‘Exploring the intermediated shareholding model’ ( BIS research paper 261).

The BIS paper examines the UK’s intermediated shareholding model in order to gain a better understanding of the existing model and to identify any weaknesses.

In her research Dr Micheler shows that the intermediated shareholding model compromises the ability of investors to exercises their rights. It also can significantly reduce the value of the assets.
 

Margot Salomon

8 January 2016

Research Impact:
Respecting, protecting and promoting human rights beyond national borders

Dr Margot Salomon's research expertise in the field of international human rights obligations relating to world poverty, and her close involvement in the drafting process itself gave her a strong voice in shaping the Maastricht Principles.

6 January 2016

POLICY BRIEFING PAPERS SPECIAL ISSUE:
THE INVESTIGATORY POWERS BILL

The UK Parliament is currently discussing a new Investigatory Powers Bill – which sees to the increase and expansion of surveillance measures, including the interception of personal communication and data sets. In light of this topical and extremely important discussion, LSE Laws is happy to announce a special issue of its Policy Briefing Series. In this special issue, Prof. Andrew Murray, Dr. Orla Lynskey, and Mr. Bernard Keenan discuss several aspects of the new Bill, including its relationship with EU law, the extent to which it allows for sufficient judicial oversight, and how it compares to legislative developments across the globe.

21 December 2015

New issue of Law, Society and Economy Working Paper Series

We are delighted to announce the third issue of the LSE Law Department's Law, Society and Economy Working Paper Series for 2015. 

In this issue, Conor Gearty (WP17/2015) traces the origins of recent crises (including 11 September and the economic collapse of 2008) that have afflicted the breadth of liberty, democracy and human security in the European Union, demonstrating their roots in ‘viruses’ that have been present from the start of the European movement, but which have only now spiralled out of control; Nicholas W. Sage (WP18/2015) explains the disgorgement remedy for breach of contract in private law by moving between the proprietary context, where the remedy has long been awarded, and the contractual context, where the remedy is relatively new and still controversial; Pablo Ibáñez Colomo (WP19/2015) explains the principles applying to the territorial licensing of copyright-protected content against the background of the recent European Commission's Digital Single Market Strategy and the proposals for legislative reform, while providing context to understand the ongoing proceedings against the 'Big Six' Hollywood major studios and Sky UK; Philipp Paech (WP20/2015) describes the three major shifts that made international securities law what it is today and analyses the resulting tension between legal conceptualism and mercantile practice, before suggesting that only a return to basic legal principles in combination with modern computing power will be able to turn increased legal certainty into a liquidity driver in the Capital Markets Union; Paolo Saguato (WP21/2015) looks into one of the main sources of liquidity for financial markets - the repurchase agreement ("repo") market, challenges the structural fragilities that contributed to the liquidity crunch during the 2007-09 financial crisis, and presents an original two-step policy option for building a more transparent, stable and resilient repo market; Pablo Ibáñez Colomo (WP22/2015) discusses, in light of the practice of the European Commission, the different ways in which innovation considerations can be introduced in EU competition law, arguing that there is no room for their direct introduction; Ben Bradford and Jonathan Jackson (WP23/2015) address some ethical challenges as well as efficacy concerns inherent in the regulation of discretionary police power, especially in the context of recent debates about unfairness and racial profiling in the distribution and experience of police stops; Marian Duggan and Julie McCandless (WP24/2015) put feminist theory and critique into action, as part of the Northern/Ireland Feminist Judgments Project, by rewriting the "missing" feminist judgment in a significant clinical negligence case against a fertility clinic; and Francisco Costa-Cabral and Orla Lynskey (WP25/2015) map the intersection of data protection and competition law, noting how data protection law can influence the application of competition law in two ways: internally, as data protection concerns can fit within the framework of competitive analysis, and externally, by shaping the enforcement of competition law towards an integrated approach to fundamental rights.

Conor Gearty

16 December 2015

Research Impact:
Aligning Anti-Terrorism Laws with Criminal Law and Human Rights

Professor Conor Gearty led efforts to balance human rights with national security in shaping the revised UK counter-terrorism legislation. A new video introduces the Research Impact Case Study 'Aligning Anti-Terrorism Laws with Criminal Law and Human Rights'.

27 November 2014

LSE International Law Traineeship Programme

INTERNATIONAL COURT OF JUSTICE TRAINEESHIP SCHEME

Deadline: 22 January 2016

LSE is delighted to announce that it has once again been invited to submit applicants for the University Traineeship Programme at the International Court of Justice in The Hague. The nine-month traineeship will commence on 30 September 2016 and conclude on 30 June 2017. The traineeship programme is similar to a judicial clerkship and provides the opportunity for an LSE student or recent graduate to work closely with the members of the Court on tasks such as drafting court documents, preparing case files and research on a variety of legal issues. Please note: There is no guarantee that the nominated LSE candidate(s) will be selected for the traineeship. LSE is among a select group of leading law schools, including Oxford, Cambridge, Harvard, NYU, Columbia, Yale, Michigan and Geneva, eligible to nominate students to the ICJ. The Court reviews candidates nominated by these universities and selects its trainees from this pool of candidates. If an LSE candidate is taken on by the Court, he/she will receive a stipend from LSE to help support the cost of living while in the Hague.

Application materials are available below. Applications are open to current PhD, LLM and LLB (final year) students and recent graduates. Interested students may contact Dr Devika Hovell at  D.C.Hovell@lse.ac.uk.

27 November 2015

LSE student wins top London award for her work with vulnerable youth

Temi Mwale A 20-year-old LSE undergraduate law student, Temi Mwale, has been named London’s Young Person of the Year for her work to address youth violence and keep young people out of gangs. The Camden resident, who is in the second year of her law degree at LSE, was presented with the award by a member of David Cameron’s cabinet last weekend in a lavish ceremony in the East End.

The award reflects Temi’s long-standing campaign to stem gang-related crime among London’s youth, an issue close to her heart after growing up on a Barnet estate where youth crime was rampant.  For years she saved newspaper articles about gangs and violence so she could better understand the issue and when a childhood friend was shot and killed in 2010, it motivated her to launch Get Outta the Gang in 2012.

The community organisation, which is staffed by Temi and a handful of helpers, works with vulnerable young people who have been involved in violence or are at risk. Young people are given help with personal development, training and jobs and can take part in a range of workshops. Get Outta the Gang also holds events, vigils and protests in response to youth violence.  To date, more than 1000 young people have attended the workshops and with a new contract to work in 22 primary and secondary schools, this number will swell to around 3500.

"I started doing this work when I was 16,” said Temi, “and the organisation is completely youth-led, so being recognised as a role model for young people is really humbling.

"Whilst I am grateful to be acknowledged personally, I am really happy that this award has put the spotlight on Get Outta The Gang and the critical work we do to tackle violence. “

“Gang culture is a very complex issue,” she told the audience at last weekend award’s night. “I believe that it will be most beneficial to focus on the violence, as it is a symptom of many other things that are not addressed, such as trauma."

International Development Secretary Justine Greening MP praised Temi for “taking a stand and making a difference in an extremely problematic and potentially dangerous area”. 

Temi was shortlisted from hundreds of entries across London and judged by a 50-strong panel that included London MPs, borough mayors and the Greater London High Sheriff who represents the Queen. Temi shared the prize with a young woman from Uxbridge who has set up a club for disabled children.
 

26 November 2015

Panel discussion: The latest Tuna ruling from the WTO Appellate Body

The ongoing dispute between Mexico and the United States is one of the longest running disputes in the GATT/WTO system, and has been central in the debate about the relationship between trade liberalization and the protection of the environment. In this ‘flash panel’, a panel of WTO scholars will discuss their reactions to the most recent decision of the WTO Appellate Body in this dispute, released a few days ago on 20 November. The discussants will be Professor Robert Howse (NYU), Professor Jurgen Kurtz (Melbourne Law School), Dr Chris Thomas (LSE) and Professor Andrew Lang (LSE). The panel will take place from 6pm until approximately 7.30pm on Monday 30 November in the Moot Court Room, Level 7, New Academic Building, London School of Economics. All welcome, but for planning purposes it would be useful to indicate your intention to come by sending an email to a.lang@lse.ac.uk
 

Michael Blackwell

24 November 2015

Male Oxbridge-educated barristers from London chambers still more likely to become QCs despite major reforms

Male Oxbridge-educated junior barristers from London-based chambers are still far more likely to become QCs despite major reform to the appointments system in 2004, according to a new study by Michael Blackwell, Assistant Professor of Law. The research concludes that the 2004 reforms, designed to make the process fairer and more transparent, appear to have failed in improving diversity. Women are still less likely to be appointed than their male equivalents, and the advantages of being Oxbridge-educated and London-based have become even more entrenched. This is the first academic study of the reformed QC appointments system and Dr Blackwell argues that its findings should become the catalyst for serious policy debate about abolishing QC status because its existence does not appear to be in the interests of consumers or of justice..

read more ...
 

Chaloka Beyani

19 November 2015

Dr Chaloka Beyani advises UN on governance structures for internally displaced persons
 

Dr Chaloka Beyani, Associate Professor in the Law Department and United Nations Special Rapporteur on the human rights of internally displaced persons addressed the Third Committee of the United Nations General Assembly on 28th October 2015 on the issue of governance structures for internally displaced persons. [view the GA presentation on the UN webcast]

Dr Beyani also gave a public lecture at NYU (New York University) on 'Global Migration Crisis and Europe'

On 10th November Dr Beyani gave evidence in London to the House of Lords Select Committee on Sexual Violence in Conflict.

On 19th November he spoke at a UN/Swiss side event 'Connecting CEDAW (Committee on the Elimination of All Forms of Discrimination Against Women) to the Women Peace and Security Agenda in Geneva.
 

16 November 2015

Valentin Ribet, 1989-2015

We have learned of some very sad news from our alumni community, following the attacks in Paris. Valentin Ribet, a graduate of the LLM in International Business Law (2014) who had been working in Paris, has passed away. Our hearts are filled with sadness at this news.

We will be holding two minutes' silence in Valentin's memory this Thursday (19 November) at 5.15pm in the central ground floor area of the New Academic Building.

A number of Valentin's former classmates will also be gathering on Friday (20 November) at 1pm outside the New Academic Building to light a candle in his memory and to write a message of support to his family.
 

Damian Chalmers

15 November 2015

Professor Damian Chalmers' ESRC Senior Fellowship

Congratulations to Professor Damian Chalmers, awarded an ESRC Senior Fellowship. The aim of the Fellowship programme is to provide evidence and analysis across the broad range of issues and policy areas affected by the UK’s position in a changing European Union (EU). The initiative will focus on the implications of changes in governance, policies and social and political attitudes within both the EU and the UK and the implications of these for the UK-EU relationship.

Chaloka Beyani

23 October 2015

Dr Chaloka Beyani interviewed by CNN on internally displaced persons in Syria

Dr Chaloka Beyani, Associate Professor in the Law Department and UN Special Rapporteur on the human rights of internally displaced persons, recently appeared on CNN (20/11/15) discussing the problem of nine million displaced persons within Syria.

click here to watch the interview in full
 

20 October 2015

Academic Positions:

Assistant Professor (Property and Trusts)

Assistant Professor (Financial Regulation)



Department of Law

Assistant Professor in Law (English Law of Property and Trusts)

Salary is competitive and not less than £51,908 per annum inclusive

In REF 2014 LSE Law had the highest percentage of world leading 4* publications of any UK institution. To support our undergraduate and postgraduate teaching programmes and to strengthen further our research profile, we are now seeking to appoint an Assistant Professor in Law who can contribute to teaching in property and trusts law.
The successful candidate will contribute to the scholarship and intellectual life of the School by conducting research of internationally excellent quality which will enhance the School's reputation as a research-led teaching institution. We are committed to excellence in teaching at both undergraduate and postgraduate levels and all members of the Department’s academic staff are expected to contribute to core undergraduate teaching.

Candidates should be able to provide evidence of strong research potential and have a coherent strategy for future research resulting in publications of outstanding quality. Candidates should also have a PhD or its equivalent, or be close to completing.

The other criteria that will be used when shortlisting for this post can be found on the person specification which is attached to this vacancy on the LSE’s online recruitment system.

Appointments will commence on 1 September 2016, or as soon as possible thereafter.

In addition to a competitive salary the benefits that come with this job include an occupational pension scheme, a research incentive scheme with personal reward options, generous research leave (sabbatical) entitlement, a collegial faculty environment and excellent support, training and development opportunities.

To apply for this post, please click here.

The closing date for receipt of applications is 19 November 2015 (23.59 UK time). We are unable to accept any late applications.

Interviews will be held in January 2016

 



Department of Law

Assistant Professor in Law (Financial Regulation)

Salary is competitive and not less than £51,908 per annum inclusive

In REF 2014 LSE Law had the highest percentage of world leading 4* publications of any UK institution. To support our undergraduate and postgraduate teaching programmes and to strengthen further our research profile, we are now seeking to appoint an Assistant Professor in Law who can contribute to teaching in Financial Regulation.

The successful candidate will contribute to the scholarship and intellectual life of the School by conducting research of internationally excellent quality which will enhance the School's reputation as a research-led teaching institution. We are committed to excellence in teaching at both undergraduate and postgraduate levels and all members of the Department’s academic staff are expected to contribute to core undergraduate teaching.

Candidates should be able to provide evidence of strong research potential and have a coherent strategy for future research resulting in publications of outstanding quality. Candidates should also have a PhD or its equivalent, or be close to completing.

The other criteria that will be used when shortlisting for this post can be found on the person specification which is attached to this vacancy on the LSE’s online recruitment system.

Appointments will commence on 1 September 2016, or as soon as possible thereafter.

In addition to a competitive salary the benefits that come with this job include an occupational pension scheme, a research incentive scheme with personal reward options, generous research leave (sabbatical) entitlement, a collegial faculty environment and excellent support, training and development opportunities.

To apply for this post, please click here.

The closing date for receipt of applications is 19 November 2015 (23.59 UK time). We are unable to accept any late applications.

Interviews will be held in February 2016
 

 

8 October 2015

Inner Temple Book Prizes Awarded

Two LSE Law academics have been recognised in the prestigious Inner Temple Book Awards. Congratulations to them both ...

Dr Solène Rowan received the runner-up New Author prize for Remedies for Breach of Contract: A comparative analysis of the protection of Performance. (OUP, 2012):

From the publisher:  'A thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future.'

Professor Emily Jackson received the runner-up prize for Law and the Regulation of Medicines (Hart Publishing, 2012):

From the publisher: 'The principal purpose of this book is to tell the story of a medicine's journey through the regulatory system in the UK, from defining what counts as a medicine, through clinical trials, licensing, pharmacovigilance, marketing and funding. The question of global access to medicines is addressed because of its political importance, and because it offers a particularly stark illustration of the consequences of classifying medicines as a private rather than a public good. Two further specific challenges to the future of medicine's regulation are examined separately: first, pharmacogenetics, or the genetic targeting of medicines to subgroups of patients, and second, the possibility of using medicines to enhance well-being or performance, rather than treat disease. Throughout, the emphasis is on the role of regulation in shaping and influencing the operation of the medicines industry, an issue that is of central importance to the promotion of public health and the fair and equitable distribution of healthcare resources.'

30 September 2015

New Book: Oxford Handbook of Financial Regulation

Professor Niamh Moloney, with co-editors Professors Eilis Ferran and Jennifer Payne, has brought together internationally-eminent experts in the recently published Oxford Handbook of Financial Regulation to examine the nature, purpose, and context of financial regulation:

"The financial system and its regulation have undergone exponential growth and dramatic reform over the last thirty years. This period has witnessed major developments in the nature and intensity of financial markets, as well as repeated cycles of regulatory reform and development, often linked to crisis conditions. The recent financial crisis has led to unparalleled interest in financial regulation from policymakers, economists, legal practitioners, and the academic community, and has prompted large-scale regulatory reform. The Oxford Handbook of Financial Regulation is the first comprehensive, authoritative, and state-of-the-art account of the nature of financial regulation. Written by an international team of leading scholars in the field, it takes a contextual and comparative approach to examine scholarly, policy, and regulatory developments in the past three decades."

Stephen HumphreysMargot Salomon

28 September 2015

New Research Impact Studies from LSE Law

Bringing human rights into international negotiations on climate change
Research by Stephen Humphreys, Associate Professor of International Law, into how climate change affects human rights inaugurated a new area of international policymaking and directly influenced climate change negotiations.
 

Protecting and promoting human rights beyond national borders
Margot Salomon, Associate Professor of Law, was part of a team that drafted the Maastricht Principles, defining states’ obligations towards human rights beyond their own borders.

devika hovell

17 September 2015

Dr Devika Hovell discusses Syria drone strike on BBC

Devika Hovell was recently interviewed on Newsnight and BBC News 24 (08/09/15) about the United Kingdom's use of drones to kill two British nationals in Syria. She noted that the action was a manifestation of a contemporary trend to use a war paradigm instead of due process under the criminal law in going after terrorists. The UK government's justification that the action was in self-defence under Article 51 of the UN Charter invoked a responsibility to establish that the targets posed an imminent threat to British nationals and that the action was necessary and proportionate in response to that threat. The controversial US policy of 'signature strikes' (where drones have been used against unidentified individuals based on behavioural patterns or location) and the danger of proliferation put an onus on the government to release as much information as possible about the decision underlying the strikes. While there were understandable intelligence concerns in releasing all information, Dr Hovell encouraged the government to learn from the experience of the US and provide the greatest possible transparency in setting out the criteria it relied on, and intends to rely on in the future, in launching the strikes. She emphasised that any vagueness could work against the UK where it was used as a precedent by other states to launch similar drone strikes.

Michael Zander

17 September 2015

Emeritus Professor Michael Zander QC receives Halsbury Lifetime Contribution Award

We are delighted to report that Emeritus Professor Michael Zander QC has received the 2015 Halsbury Lifetime Contribution Award. This award has only been given twice previously, to Sir Sydney Kentridge (2013) and Lord Judge (2014), so it is an award of great distinction.

16 September 2015

Jacco Bomhoff awarded SLS Peter Birks Prize for Outstanding Legal Scholarship

Jacco Bomhoff, Associate Professor at LSE Law, has been awarded a Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship (joint second prize), for his book Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse. The book was published by Cambridge University Press in 2013, as part of their series 'Cambridge Studies in Constitutional Law'. A paperback edition will appear in October 2015.

The announcement of the Birks Prizes was made at the SLS Annual Conference at York University. First Prize went to Katja Samuel (Reading) for her book The OIC, the UN, and Counter-Terrorism Law-Making: Conflicting or Cooperative Legal Orders? Paul Davies (Oxford) was the other joint second prize winner for his book Accessory Liability.
 

16 September 2015

The Modern Law Review publishes a special issue in honour of Professor Simon Roberts

In honour of Professor Simon Roberts, who sadly died in 2014, the Modern Law Review has published a special issue on alternative dispute resolution (ADR) and legal pluralism, two core areas of Simon’s scholarship. This special issue contains three articles by Simon and a further seven MLR articles which are influenced by and relate to Simon’s work in these areas. This range of articles, published between 1983 and 2007, demonstrates the scale and impact of Simon’s work. The contents of this special issue have been selected from articles published in the MLR. The special issue also includes Simon’s obituary. The contents of the special issue are free to view without a MLR subscription.

11 September 2015

New issue of Law, Society and Economy Working Paper Series

We are delighted to announce the second issue of the LSE Law Department's Law, Society and Economy Working Paper Series for 2015. 

In this issue, Stephen Humphreys (WP11/2015 ) traces the neglected notion of ‘conscience’ through the Scholastics, Hobbes and Freud, noting its usefulness to a better understanding of contemporary ‘privacy’ concerns in conditions of data immersion; Emmanuel Melissaris (WP12/2015) explores the conditions under which the state may permissibly blame and punish deceased wrongdoers; Floris de Witte (WP13/2015) traces the evolution of the nature of the EU’s internal market, suggesting that the relationship between ‘the market’ and ‘the social’ has shifted multiple times between the market’s origin and its redesign in the aftermath of the Euro-crisis; Jo Braithwaite (WP14/2015) analyses the legal underpinnings of central counterparty (CCP) clearing, in order to consider the ways in which the post-crisis regulatory regime for the OTC derivatives markets interacts with, and complicates, two of the most important risk management techniques employed by CCPs; Pablo Ibáñez Colomo (WP15/2015) shows that the pending ruling in Post Danmark II provides the ECJ with a unique opportunity to clarify the legal status of quantity rebates in EU competition law; Thomas Poole (WP16/2015) offers an articulation and partial defence of the concept of reason of state, arguing that reason of state provides an explanatory category through which a state action can be analysed.
 

Nicola Lacey

7 September 2015

Professor Nicola Lacey appointed a Trustee of the British Museum

Professor Nicola Lacey has been appointed by the Culture Secretary as a Trustee of the British Museum from 1 September 2015 for a term of 4 years. Nicola Lacey is School Professor of Law, Gender and Social Policy, attached to the Departments of Law and Social Policy and to the Gender Institute. From 1998 to 2010 she held a Chair in Criminal Law and Legal Theory at LSE; she returned to LSE in 2013 after spending three years as Senior Research Fellow at All Souls College, and Professor of Criminal Law and Legal Theory at the University of Oxford. Professor Lacey has held a number of visiting appointments, most recently at Harvard Law School. She is an Honorary Fellow of New College Oxford and of University College Oxford, and a Fellow of the British Academy. In 2011 she was awarded the Hans Sigrist Prize by the University of Bern for outstanding scholarship on the function of the rule of law in late modern societies.

Kenneth Clarke

3 September 2015

Legal Biography Project: Judicial Interviews

The Legal Biographies Project is very pleased to announce the posting on its website of seven substantial video interviews with senior lawyers involved in some of the most profound constitutional changes affecting the judiciary in the UK for many years. The interviews were conducted by the legal journalist Joshua Rozenberg for the Constitution Unit of University College. We are very pleased to have worked in partnership with the Constitution Unit in finding the videos a permanent home. We believe that these interviews will be an invaluable resource for researchers, students and the press for some years to come.

click here to browse the video interviews ...

click here for the Legal Biography Project ...

Eva Micheler

3 September 2015

Dr Eva Micheler appointed to Investor Protection and Intermediaries Standing Committee at ESMA

Dr Eva Micheler has been appointed to the Investor Protection and Intermediaries Standing Committee, which undertakes ESMA’s work on issues relating to the provision of investment services and activities by investment firms and credit institutions. Particular regard is made to investor protection, including the conduct of business rules, distribution of investment products, investment advice and suitability.

In terms of policy, the Standing Committee is responsible for developing and providing technical advice to the European Commission, and for preparing technical standards, guidelines and recommendations relating to the provisions of the Markets in Financial Instruments Directive (MiFID) applicable to investment services and activities. This includes, for example, the authorisation of investment firms, conduct of business, organisational arrangements and pass-porting.

The Standing Committee also fosters supervisory convergence among national competent authorities in the area of investment services and activities.

A Consultative Working Group has been formed to assist the Standing Committee.

Chaloka Beyani

7 August 2015

Dr Chaloka Beyani completes UN mission on internally displaced persons in Philippines

Dr Chaloka Beyani, Associate Professor in the Law Department and UN Special Rapporteur on the human rights of internally displaced persons completed a mission to the Philippines 20-31st July where he examined disaster, conflict, and development related displacement. Earlier on 19th June, he addressed the UN Human Rights Council on the inclusion of internally displaced persons in the post 2015 development goals.
 

Jonathan Fisher

30 July 2015

UWE Bristol Award Honorary Doctorate to Jonathan Fisher QC

Jonathan Fisher QC has been awarded the Honorary Degree of Doctor of Laws in recognition of his outstanding legal expertise and academic contribution to the areas of financial and corporate law.

The Honorary Degree awarded by UWE Bristol took place at the Awards Ceremony of the Faculty of Business and Law on Friday 17 July 2015 at Bristol Cathedral.

View the video of the ceremony which includes the Oration and Jonathan’s response here.

Alternatively, you can read the Oration text here.

Floris de Witte

24 July 2015

Floris de Witte on Free Movement and the EU

Dr Floris de Witte was recently interviewed on Analysis, BBC Radio 4, about the history, philosophy and recent controversy of free movement in the EU. He explained the economic, social and cultural dimensions to free movement, and discussed the extent to which possible reforms to the principle of free movement may shape the UK's European future.

Andrew Murray

23 July 2015

Andrew Murray on Snapchat and National Security

Professor Andrew Murray recently blogged for the Huffington Post on news that the Investigatory Powers Bill may lead to the banning of popular communications apps Snapchat, WhatsApp and Facebook Messenger:

"Lawyers talk of balancing rights. We have a right to privacy but we also have a right to life, liberty and security. The government must seek to strike the right balance between our privacy and security rights and our right to public safety and security. At the moment it seems the balance is shifting too far in favour of public safety and the interests of the security services."

Professor Murray also discussed surveillance and the Investigatory Powers Bill on democratic audit UK.

Margot Salomon

23 July 2015

Dr Margot Salomon says creditors must respect human rights in Greece, that includes Germany

Dr Margot E Salomon was recently interviewed in Zeit Online about austerity and human rights in Greece and the responsibility of Germany.

Siva Thambisetty

8 July 2015

New Thinking on Investment Treaties

A new series of YouTube videos have been launched on investment treaties with videos from Dr Jan Kleinheisterhamp (pictured) and former LSE Law Fellow Jonathan Bonnitcha.

No Greater Rights … but still meaningful investor protection? The need for coherence at national and international level

In this presentation Dr Kleinheisterkamp discusses the challenge of negotiating international agreements for the protection of foreign investors against political risk – but without creating any “super-rights for corporations”. He argues that there is a need to rethink investment treaty law bottom-up, especially in the context of TTIP and CETA, so as to reflect the principles common to the legal traditions of the countries involved, and to interlink international proceedings based on investment treaties with domestic administrative court proceedings so as to ensure the coherence between the national and the international level.

Kleinheisterkamp on No Greater Rights  

Bonnitcha on A Solution in search of a problem
 

8 July 2015

Prof Martin Loughlin awarded honorary doctorate

On Thursday 2 July, the University of Edinburgh awarded Professor Martin Loughlin an honorary Doctorate of Laws "in recognition of his outstanding academic achievement in the understanding of the history and contemporary significance of public law".

A renowned expert on public law and constitutional theory, Professor Loughlin has previously held a wide range of academic posts including John Millar Chair of Public Law at the University of Glasgow and Professor of Law at the University of Manchester.

He held a Leverhulme Major Research Fellowship and has been a Fellow of the Wissenschaftskolleg zu, Berlin. Between 2012 and 2013 he held a Law & Public Affairs Fellowship at Princeton University and is a Fellow of the British Academy.

He has authored many books including The British Constitution: A Very Short Introduction (OUP, 2013) and Foundations of Public Law (OUP, 2010).
 

Siva Thambisetty

1 July 2015

Dr Siva Thambisetty wins EU Horizon 2020 Grant

Siva Thambisetty has won a EU Horizon 2020 grant to work on synthetic biology and marine biodiversity.

The five year Eur 6 million collaborative 'INMARE' project led by Bangor University includes 20 academic and industrial partners from 12 countries. Her part of the project brings in Eur 165,000 to the LSE including a fully funded one year post doc. The scientific project is designed to scour microbial 'dark matter' for new biotechnology resources. The exploitation of such resources in silica through synthetic biology and the creation of new genetic libraries raises legal and ethical questions in the intersection of patent protection and sovereignty over biodiversity. In particular Siva's project will be studying implications under the Nagoya Protocol (2014) which provides an international framework for the fair and equitable sharing of benefits from the utilisation of genetic resources.
 

Margot Salomon

23 June 2015

Dr Margot Salomon and Professor Olivier De Schutter advise Greek Debt Truth Committee on social rights violations and the international responsibility of creditors

Dr Margot E Salomon and Professor Olivier De Schutter prepared a legal brief, at the invitation of the Speaker of the Greek Parliament, to inform the work of the Special Committee of the Hellenic Parliament on the Audit of the Greek Debt (Debt Truth Committee). The brief systematically considers the international responsibility of the various creditors involved in the Greek social rights crisis. It addresses key legal issues raised by the Memoranda of Understanding concluded by Greece in 2010 and 2012, that made the conditions for access to loans contingent upon the implementation of a range of measures aimed at fiscal consolidation. The economic arrangements that brought to bear the human catastrophe involved States, international organizations and other actors functioning in various formations. This legal brief unpacks the actors and vehicles through which the conditionalities were imposed with the aim of determining legal responsibility in the area of human rights for the harms that have come to pass.

Linda Mulcahy

23 June 2015

Professor Mulcahy appointed as Director of LSE's new PhD Academy

Professor Linda Mulcahy (pictured) has been appointed as the first Director of the PhD Academy, which will launch in September 2015.

Professor Mulcahy is based in the Law Department and is currently the Director of the ESRC Doctoral Training Centre (DTC). The PhD Academy is being created in response to a strong demand from PhD students for a dedicated place where they can get the information and support from centralised services, which provides dedicated space for a common room, advanced teaching and interdisciplinary workshops, and enables them to create a stronger sense of community and belonging to the LSE as a whole. The physical element of the PhD Academy is currently under construction on the fourth floor of the Library and should be completed by the end of September 2015.

As PhD Director, Professor Mulcahy will be responsible for the PhD Academy and the ESRC DTC, and will work with the Pro Director for Research, Julia Black, to ensure that the School takes full account of its PhD activity in developing its overall strategic thinking, its research strategy and the infrastructure for interdisciplinary research by our research students.

Professor Mulcahy has already been working hard to create the Academy over this past year, which we hope will provide PhD students with a wonderful opportunity to engage with each other across the School.

10 June 2015

Mike Redmayne

Mike Redmayne, professor of law here at LSE, has died at the age of 47. He started his career at the University of Manchester in 1993, moving to Brunel in 1997 and then, in 1999, to the LSE, where he taught until only a few weeks before his death. Mike’s contribution to academic life was impeccable, his service to LSE exemplary. He sat on various Departmental and School committees and was awarded the 2008 Departmental teaching prize in recognition of his consistently high scores in student surveys and his exceptional contribution to undergraduate and postgraduate teaching.

Mike was the author of two outstanding monographs. The first of these, Expert Evidence and Criminal Justice, established him as a leading scholar in evidence law. Character in the Criminal Trial, published only this year, is a brilliantly nuanced analysis of the arguments for and against relying on character evidence when determining a defendant’s guilt or innocence. Besides having these books and a long list of highly-praised academic journal articles to his name, he co-authored the last two editions of one of the leading textbooks on English criminal law, Ashworth and Redmayne’s The Criminal Process, and he was involved in numerous law journals, including Law, Probability and Risk (of which he was a founding member) and The Modern Law Review, on which he served as book reviews editor, articles editor and, until very recently, production editor.

Colleagues and students knew that when Mike was free his door was open, and that anyone who knocked on it would be invited in. Over the past year, that door has been open ever less frequently. It has been immensely saddening to see it constantly closed of late, and to think that we will never be able to call on him again. The Department mourns the loss of a magnificent and highly cherished member of its community, and extends its deepest condolences to Mike’s wife, Louise.
 


An obituary of Mike Redmayne also appeared in the Guardian, 23 June 2015.

We have created a page for messages of condolence.
If you would like to add a personal message, please email the text to: law.events@lse.ac.uk

 

4 June 2015

ADMINISTRATIVE POSITION:
Department Manager (Strategy and Resources)

From £50,409 - £58,368 pa inclusive, with potential to progress to £64,679

The Law Department seeks to appoint an experienced and highly motivated manager able to lead the professional services staff team, and manage the Department’s strategy and resources. You will work closely with the Head of Department and the Department Manager (Operations and Personnel) to ensure the effective and efficient management of the Department’s human, financial and physical resources.

You will be responsible for the effective integration of the Department within the School, including coordinating the Department’s submissions to various quality assurance processes. You must have previous relevant management experience, including experience of managing staff and resources. Excellent written communication skills, as well as experience of team leadership and project management are all essential, as is substantial previous experience of working in a Higher Education environment.
To find out more about this post, email Ms Joy Whyte, the current Department Manager (Strategy and Resources), at j.m.whyte@lse.ac.uk

In addition to a good salary the benefits that come with this job include a defined benefits pension scheme, generous annual leave and excellent training and development opportunities.

To apply for this post, please go to www.lse.ac.uk/Jobs. If you have any queries about applying on the online system, please e-mail: hr.jobs@lse.ac.uk quoting reference 1468900.

The closing date for receipt of applications is 24th June 2015 (23.59 UK time). Regrettably, we are unable to accept any late applications.

We expect to interview prospective candidates on 7th July 2015. Shortlisted candidates will be invited to interview via email the week before.

LSE values diversity and strives to promote equality at all levels, including its employees, students, customers and associates.

 

Chaloka Beyani

1 June 2015

Dr Chaloka Beyani reports to UN on internally displaced persons in Iraq/Syria

Dr Chaloka Beyani, Associate Professor in the Law Department, completed important missions to Iraq and Syria last week in his capacity as UN Special Rapporteur on the Human Rights of Internally Displaced Persons.

 

26 May 2015

LSE Law academics demand transparency from both Google and UK government

LSE Law academics have spoken out on two important issues relating to IT Law.

Professor Andrew Murray and Dr. Orla Lynskey, have joined colleagues from the LSE and elsewhere, calling upon Google to offer greater transparency over how it processes ‘right to be forgotten’ requests. It is now one year since the European Court of Justice ruled that EU Citizens have the right to have Google remove links to information about them where information is out of date or misrepresentative. An open letter from 80 academics calls upon Google to be more transparent in how it handles such requests. The letter may be read in full on the Guardian Website while related commentaries may be found on The Guardian and Wired among others.   

Members of the Law Department, including Professor Murray, Dr Lynskey and Dr Andrew Scott and Anne Barron, have also joined fellow experts in IT law and cybersecurity, to call upon the UK government not to increase online state surveillance without the full involvement of parliament and public. They note that computer hacking 'is a much more intrusive form of surveillance than any previously authorised by parliament' and yet the UK government has attempted to introduce it through a code of practice, rather than primary legislation, which might be scrutinised by parliament. [see Guardian]

26 May 2015

ADMINISTRATIVE POSITION:
Undergraduate Programme Administrator

From £27,657 - £32,013 pa inclusive, with the potential to progress to £34,443 pa inclusive

Fixed Term for 16 months

The Law Department is keen to appoint a proactive and experienced administrator who will be responsible for the administration of the Law Department’s Undergraduate (LLB) and double degree programmes. The post-holder will work with the Service Delivery Manager (undergraduate programmes) to provide administrative support to all aspects of the programmes.

You must have demonstrable experience of providing a high level of service, acting on your own initiative, and establishing and maintaining good working relationships with a range of colleagues.
You should have experience of providing excellent administrative support, and the proven ability to plan, prioritise and manage a demanding and varied workload. Experience of working in an academic or similar environment in an administrative capacity will be an advantage.

In addition to a good salary the benefits that come with this job include a defined benefits pension scheme, generous annual leave and excellent training and development opportunities.

To apply for this post, please go to www.lse.ac.uk/Jobs. If you have any queries about applying on the online system, please e-mail: hr.jobs@lse.ac.uk quoting reference 1465929.

The closing date for receipt of applications is 31 May 2015 (23.59 UK time). Regrettably, we are unable to accept any late applications.

Full details are available here.
 

Helen Reece

14 May 2015

Helen Reece on BBC's Unreliable Evidence discusses children's welfare

Helen Reece was recently quoted in an audio clip on BBC Radio 4's Unreliable Evidence (6 May 2015) discussing children's welfare, and claiming that the paramountcy principle leads to injustices and a lack of transparency in judgments.

Jan Kleinheisterkamp

12 May 2015

Dr Kleinheisterkamp on arbitration and contracts at the Lithuanian Supreme Court

The Lithuanian Supreme Court invited Dr Jan Kleinheisterkamp to give a full-day seminar on contract law and international arbitration, which took place in Vilnius on 27 April 2015 and which led to very interesting discussions with the judges of the Supreme Court. Lithuania adopted the UNIDROIT Principles of International Commercial Contracts as national contract law in 2000 and the Supreme Court is currently awaiting an important preliminary ruling from the European Court of Justice in the Gazprom case on the compatibility of arbitral anti-suit injunctions with the Brussels I Regulation. Dr Kleinheisterkamp was the co-editor of the first edition of the landmark commentary on the UNIDROIT Principles published by OUP and is a leading expert in international arbitration.

11 May 2015

NEW BOOK: Justice in the EU: The Emergence of Transnational Solidarity

Justice in the EU: The Emergence of Transnational SolidarityIn Justice in the EU: The Emergence of Transnational Solidarity, Floris de Witte argues that European Union law can be understood as an instrument for the elaboration of what justice is, means, and requires on the level beyond the nation state. Approaching the question of justice from the European perspective, however, challenges us to think beyond the contractarian idea that equates justice with national political self-determination. A proper model of justice demands a tiered institutional and normative understanding of justice, involving both the nation state and the EU, which can make sense of the new ties between individual citizens that the process of European integration continues to generate. It also requires that we construct a theory of transnational solidarity that can explain what those new ties tell us about our transnational obligations of justice.

This book tackles three issues in turn. It explains which precise institutional and normative structures are indispensable in the pursuit of justice; how the European Union can be understood to increase our capacity for the attainment of justice; and formulates a theory of transnational solidarity that informs the interaction between national and European spheres. Three different types of transnational solidarity are identified and carefully traced throughout the case law of the Court of Justice: market solidarity, communitarian solidarity, and aspirational solidarity. Read together, these three transnational solidarities tell us exactly what justice means in the EU.

20 April 2015

LLM Graduate Laila Hamzi accepted for ICJ Traineeship Programme

LSE is delighted to announce that LSE graduate Laila Hamzi (LLM 2014) has been accepted to the University Traineeship Programme at the International Court of Justice in The Hague. LSE is one of a limited number of leading universities invited to submit candidates to the Court for consideration. She will join other successful candidates from Yale University, Oxford University, New York University, Harvard Law School, Peking University, Columbia University and elsewhere. The nine month traineeship programme is similar to a judicial clerkship and provides the opportunity for an LSE student or recent graduate to work closely with the members of the Court on tasks such as drafting court documents, preparing case files and research on a variety of legal issues. Laila has been assigned to assist Judge Cançado Trindade (Brazil) and will start at the Court in September.

Michael Lobban

20 April 2015

Professor Michael Lobban discusses habeas corpus on
BBC Radio 4

Michael Lobban recently appeared on BBC Radio 4’s A History of Ideas to discuss the history of the writ of habeas corpus. Although the ‘writ of liberty’ is often associated with Magna Carta, he explained that it was only from the early seventeenth century that it was used by the Court of King’s Bench to test the legality of detention. While Elizabethan lawyers admitted the right of the sovereign to detain for reasons of state, the constitutional crisis leading to the Petition of Right in 1628 ensured that henceforth the writ would be effective against any claim by the crown to detain by virtue of its prerogative powers. However, in future centuries, the writ was often neutralised by legislation undermining the principles of the rule of law which it represented.

Margot Salomon

13 April 2015

Dr Margot Salomon to join Greek Parliament Debt Truth Committee

Dr Margot Salomon has been invited by the Speaker of the Greek Parliament to join the Special Committee of the Hellenic Parliament for the Audit of the Greek Debt (Debt Truth Committee). . The Committee will operate under the auspices of the Hellenic Parliament to evaluate Greek debt and to address whether parts of it may be deemed illegal, illegitimate or unsustainable. Questions as to the sustainability of the Greek debt would include whether servicing allows for the socio-economic rights of the Greek people to be met and Greece’s international human rights obligations honoured. The Committee will convene in April in Athens.

Update (4 June 2015): UN independent expert Juan Pablo Bohoslavsky has welcomed that the Greek Parliament established a debt audit commission: 'It is necessary to shed light on who benefited, and to what extent, from the reckless lending and borrowing and from the bail outs, and who is responsible for the current financial situation.'

Update  (22 June 2015)

Dr Margot E Salomon and Professor Olivier De Schutter prepared a legal brief, at the invitation of the Speaker of the Greek Parliament, to inform the work of the Special Committee of the Hellenic Parliament on the Audit of the Greek Debt (Debt Truth Committee). The brief systematically considers the international responsibility of the various creditors involved in the Greek social rights crisis. It addresses key legal issues raised by the Memoranda of Understanding concluded by Greece in 2010 and 2012, that made the conditions for access to loans contingent upon the implementation of a range of measures aimed at fiscal consolidation. The economic arrangements that brought to bear the human catastrophe involved States, international organizations and other actors functioning in various formations. This legal brief unpacks the actors and vehicles through which the conditionalities were imposed with the aim of determining legal responsibility in the area of human rights for the harms that have come to pass.

27 March 2015

New issue of Law, Society and Economy Working Paper Series

We are delighted to announce the first issue of the LSE Law Department's Law, Society and Economy Working Paper Series for 2015. 

In this issue, Jill Peay (WP1/2015) examines the sentencing of mentally disordered offenders by analysing the hospital and limitation direction under the Mental Health Act 1983; Margot Salomon (WP2/2015) explores responsibility gaps across a range of international institutions for human rights harms under conditions of austerity through a study of Greece drawing on decisions by the European Committee of Social Rights and the Pringle case before the European Court of Justice; Christopher Kuner (WP3/2015) argues that the European Court of Justice leaves open many technical legal issues and broader jurisprudential issues in its judgement in the case of Google Spain v. AEPD and Mario Costeja Gonzalez; Jonathan Jackson (WP4/2015) considers two ways by which the legitimacy of legal authorities might motivate people to abide by the law, based on recent criminological research; David Kershaw (WP5/2015) shows that regulatory biases generated by self-regulation are often inconsistent with the standard account that rules brought about by self-regulation favour the regulated; Christos Hadjiemmanuil (WP6/2015) notes that, while the Banking Union’s Single Resolution Mechanism can ensure the uniformity of bank resolution procedures in the euro area, the envisaged financing tools may be insufficient to break the adverse feedback loops between weak banks and fiscally weak sovereigns; Sivaramjani Thambisetty (WP7/2015) demonstrates the increasing use of 'textualisation' as a mode of persuasion in patent law, and contends that the consequent difficulty in understanding patent law is a threat to legitimacy; Peter Ramsay (WP8/2015) outlines the logical relations between political equality and imprisonment by the state, and argues that the more democratic is a state, the more it will substitute restorative justice methods for imprisonment; Philipp Paech (WP9/2015) submits that the existence of so-called safe harbours is justified by an increase liquidity in the financial market, and that criticisms that safe harbours accelerate crisis on the financial market can be corrected through specific regulation; Ewan McGaughey (WP10/2015) traces the economic and political foundations of codetermination using the German example, and contends that it resulted from bargaining between business and labour representatives rather than being compelled by law.

27 March 2015

ACADEMIC POSITION: LSE FELLOW

LSE Fellow (up to two posts available)

From £33,450 - £40,462 per annum inclusive

Fixed-term (two years, full-time)

The Law Department is seeking to appoint two fixed-term LSE Fellows. One fellowship is not restricted to any particular area of legal study. One fellowship is to support teaching needs in the areas of International Commercial Arbitration or Company/Commercial Law.

The objective of the Fellowships is to provide a development opportunity for those who have exceptional potential in legal research and scholarship.

The successful candidate will carry out teaching duties, as well as develop research interests. Candidates must therefore have a proven ability to pursue a coherent programme of legal research and scholarship.
Candidates should also have a PhD, or have obtained a PhD before the Fellowship start date of 1 September 2015.

The other criteria that will be used when shortlisting for this post can be found on the person specification which is attached to this vacancy on the LSE’s online recruitment system.

In addition to the salary, the benefits that come with this job include a defined benefits pension scheme, generous annual leave and excellent training and development opportunities.

Applications must be received by 28 April 2015 (midnight UK time). Regrettably, we cannot accept any applications received after this date.

Interviews are expected to take place on 2 June 2015

Chaloka Beyani

26 March 2015

Dr Chaloka Beyani appointed to UN Human Rights up Front (HRuF)

Dr Chaloka Beyani, Associate Professor in the Law Department has been nominated by the United Nations Deputy Secretary General to be a member of his Senior Experts Group on Human Rights Up Front (HRuF). Dr Beyani addressed the World Humanitarian Summit preparatory meeting for the Middle East and North Africa in his capacity as UN Special Rapporteur on the Human Rights of Internally Displaced Persons in Amman, Jordan, 3-5 March 2015. Before that he undertook an official mission to the Central African Republic and Cameroon 9-15 February 2015.

Character in the Criminal Trial 23 March 2015

NEW BOOK: Character in the Criminal Trial

Professor Mike Redmayne is author of the new book, Character in the Criminal Trial (Oxford Monographs on Criminal Law and Justice) Oxford University Press, 2015:

If a defendant is on trial for a crime such as burglary, to what extent should the fact that he has a previous conviction for burglary feature in his trial? Should the prosecution be allowed to tell the jury about the previous conviction as evidence that the defendant is more likely to have committed burglary? Should the judge give the defendant a longer sentence because he has a previous conviction? These are the fundamental questions examined in Character in the Criminal Trial.
 

The Politics of Judicial Independence in the UK's Changing Constitution 16 March 2015

NEW BOOK: The Politics of Judicial Independence in the UK's Changing Constitution

LSE Fellow Patrick O'Brien is co-author of  a new book The Politics of Judicial Independence in the UK's Changing Constitution (Cambridge University Press, 2015):

Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.

Jessup Cup 10 March 2015

Jessup Cup returns to LSE

The LSE’s Jessup International Law Moot team has won the UK rounds of the Jessup moot competition, beating Oxford University in the final to return the Jessup Cup to the LSE. The team – made up of Claudia Baro-Huelmo, Ksenia Matveeva, Julian Ranetunge, Amalie Steinsbekk and Howard Wong, ably coached by George Kiladze – progressed through the competition undefeated, with four clean sheets in the preliminary rounds (against Aberdeen, UCL, Sussex, and Inner Temple), a quarter-final against the Inner Temple, a semi-final against Durham, before the final against Oxford. Amalie Steinsbekk won the prize for the Best Finalist Oralist, while Julian Ranetunge was declared Best Preliminary Oralist. The team was commended by the audience, judges and organisers on the structure of their arguments, their oratory skill and substantive knowledge. We congratulate the team for their efforts and their success, and wish them well as they progress to the international rounds in Washington, DC later this year.
  

Chrisann Jarrett5 March 2015

LSE Law student Chrisann Jarrett wins Young Woman of the Year

Congratulations to LSE Law student Chrisann Jarrett, who has been awarded Young Woman of the Year by Women on the Move Awards, championing migrant and refugee women. Chrisann founded Let Us Learn, an organisation campaigning for the rights of irregular and undocumented young people frozen out of higher education by their immigration status.


Full story: http://womenonthemoveawards.org.uk/2015awards/

See also: Youtube interview

See also: Evening Standard
  

Taylor Wessing Commercial Win5 March 2015

LSE Team wins Taylor Wessing Commercial Challenge

Congratulations to Arnav Gupta, Farah Rohaizat and Sin Nii Leong, winners of the fifth Taylor Wessing Commercial Challenge.

The Commercial Challenge is an innovative competition which is run across four of the London Universities: UCL, LSE, KCL and SOAS. It is designed to immerse students in a real business situation and show them the part law plays in big City deals.

Three teams representing London School of Economics (LSE) and University College London (UCL), reached the final and were invited to Taylor Wessing’s London office to present their pitch to the judging panel.

Graduate Recruitment Partner Kirstie McGuigan comments:

 

"The Taylor Wessing Commercial Challenge gives students an opportunity to experience a vital part of the role of today's city lawyer and to practice the skills needed for successful business development.

 

This year was particularly difficult for us to judge given the extremely high quality of entries. The finalists all proved themselves to have great potential as Taylor Wessing lawyers of the future, having demonstrated both that they grasped the key commercial issues faced by the client and that they had worked hard as a team to deliver a seamless presentation. Many congratulations to Arnav Gupta, Farah Rohaizat and Sin Nii Leong and all the contestants."
 


  

26 February 2015

Hogan Lovells supports widening participation scholarships at LSE Law

International Law firm Hogan Lovells, and LSE Law, are delighted to announce the establishment of the Hogan Lovells Scholarships, as part of their commitment to widening participation in the legal profession. Over three years, the scholarships will be worth up to £27,000 in all to selected undergraduate law students at the LSE.

Founded, like the LSE, at the end of the 19th century, Hogan Lovells became a top ten global legal services provider in 2010, following a merger between Europe-based firm Lovells and US firm Hogan & Hartson. The Law Department and Hogan Lovells share the view that, in Hogan Lovells’ words:

‘Our commitment to being a diverse and inclusive place to work is at the core of our vision and our values.’

The Department intends to appoint one Hogan Lovells scholar each year, and will shortly be inviting those currently in their first year of undergraduate study in law to apply to become the first Hogan Lovells scholar. The scholarship may be worth up to £9,000 for one student, although in exceptional circumstances this sum maybe divided between two Hogan Lovells scholars. Full details will be announced shortly.

  

23 February 2015

One week to go to submit to LSE Research Festival 2015!

The submissions deadline for LSE Research Festival 2015 is fast approaching! We are calling for submissions which visually communicate research from across the school in three categories: photography, short film, and poster design. The festival is open to all staff and students currently conducting research, and a public exhibition of entries will be on display in the lower ground floor of the New Academic Building on 21 May 2015.

Designed to encourage public engagement with social science research, submitters are encouraged to attend the event to discuss their work with a wider audience. Don’t miss out on this opportunity to increase the impact of your research through public engagement. For more information please see our website at www.lse.ac.uk/researchfestival, and follow us on twitter @LSEResearchFest . The deadline for submissions is 28 February 2015.
  

MSc in Law and Accounting16 February 2015

Excellent Career Prospects for MSc in Law and Accounting Graduates

The MSc in Law and Accounting has been a flagship programme of both Law and Accounting at LSE for many years now. It has also been very popular with employers. Recent statistics on graduate destinations published by LSE Careers show that 92.7% of graduates from the MSc in Law and Accounting go on to full time work or further study. The average (median) salary of graduates is £36,000. For more information on graduate destinations please click here.

 


  

Eva Micheler

13 February 2015

Dr Eva Micheler appointed to BIS Steering Group 'Understanding the intermediated shareholding model'

Following her work on the effect of custody chains on investor rights Dr Eva Micheler has been appointed a member of a steering group for a project at the Department for Business Innovation and Skills. The project is entitled is ‘Understanding the intermediated shareholding model’. It was launched in December 2014 following the implementation of the Kay Review (https://www.gov.uk/government/publications/kay-review-of-uk-equity-markets-and-long-term-decision-making-implementation-progress-report). A preliminary report is due to be published in April 2015.

 

13 February 2015

ADMINISTRATIVE POSITION:
Service Delivery Manager (Taught Postgraduate Programmes)

The Department of Law is a world renowned academic department at LSE, delivering high quality Law degree programmes to highly qualified students. We have an exciting opportunity for a dedicated professional Service Delivery Manager to take responsibility for the delivery of the Department’s taught postgraduate programmes, on which almost 300 students are registered.

You will take lead responsibility for ensuring the effective and efficient service delivery of taught postgraduate (PGT) programmes (the LLM, MSc Law and Accounting, and MSc Law, Anthropology and Society) to students and academic staff, complying with School policy and practice guidelines. The job also involves taking responsibility for process management, programme communications, and line management of relevant staff.

You will need to demonstrate excellent communication skills, and experience of providing a high level of service, and establishing and maintaining good working relationships with a range of colleagues, and the proven ability to plan, prioritise and manage a demanding and varied workload. In addition, you must have significant previous experience in a similar role in higher education, and experience of line managing staff, including conducting career development reviews.

In addition to a good salary the benefits that come with this job include a defined benefits pension scheme, generous annual leave and excellent training and development opportunities.

Applications must be received by 1 March 2015 (midnight UK time).

Regrettably, we cannot accept any applications received after this date.

Interviews will be held in the week commencing 16 March 2015.

We value diversity and wish to promote equality at all levels.

 

Full details are available here.
 

2 February 2015

Dame Hilary Mantel and Professor Andrew Ashworth receive honorary doctorates

On 18 December 2014, Dame Hilary Mantel and Professor Andrew Ashworth were both awarded honorary doctorates from LSE. Dame Hilary Mantel, twice winner of the Man Booker Prize and former undergraduate student in LSE Law, was awarded Doctor of Literature. Professor Andrew Ashworth CBE QC (Hon) DCL, Emeritus Vinerian Professor of English Law at the University of Oxford and graduate of LSE Law in 1968, was awarded Doctor of Laws. Previous recipients of Doctor of Laws from LSE include Professor Jagdish Bhagwati, The Rt Hon the Baroness Butler-Sloss GBE, Judge Rosalyn Higgins, Justice Kate O'Regan and Mr Keir Starmer QC.

 

Hilary Mantel and Andrew Ashworth


  

Niamh Moloney

2 February 2015

EU financial regulatory framework: major report by House of Lords Committee on EU’s regulatory response to the financial crisis, Professor Moloney acts as Special Adviser

The House of Lords EU Select Committee has published a major report on the post-crisis EU financial regulatory framework following its wide-ranging Inquiry into the EU's regulatory response to the financial crisis. Professor Moloney acted as Special Adviser to the Inquiry.

The report concludes that the EU financial regulatory framework has been radically transformed in the wake of financial crisis and that while the reform represents an impressive achievement, weaknesses remain. The Report finds that, given the magnitude of the task that they faced in responding to a once-in-a-generation crisis, the EU institutions performed well, although the sheer scale of the reforms means that the reformed framework inevitably contains some weaknesses. In particular, the expected high standards of consultation and impact assessment were not always maintained, and not enough consideration was given to the overall effect on the financial sector of such a huge programme of reform. Other key conclusions include that the three new European Supervisory Authorities have experienced a baptism of fire but have been responsible for much good work, although they are hampered by several fundamental weaknesses, including a lack of authority, independence, resources and influence over the legislative process. The full report (The post-crisis EU financial regulatory framework: do the pieces fit?) is available here.
  

Helen Reece

29 January 2015

Helen Reece on BBC Woman's Hour discusses briefing juries in rape trials

Helen Reece recently appeared on BBC Radio 4's Woman's Hour (27/01/15) discussing whether mandatory briefings of juries on myths about rape and sexual violence at the beginning of trials for sexual offences should be introduced.

Conor Gearty

22 January 2015

Prof Conor Gearty discusses crowdsourcing a British constitution on BBC World at One

Professor Conor Gearty recently appeared on The World at One on BBC4  (21/01/15) discussing the initiative he has launched at LSE's Institute of Public Affairs to engage the general public in the drafting of a new British constitution. The project combines a range of activities, at LSE and around the country, with a web-based platform which permits open debate and voting by all those choosing to engage. The draft constitution will be finalised at a special Convention meeting in late March.

21 January 2015

JOB VACANCY:
Knowledge Exchange and Impact Service Delivery Manager

In the 2014 Research Excellence Framework Exercise, the Department of Law had the highest percentage of world leading 4* publications of any UK institution, having submitted almost 100% of our staff. We have an exciting opportunity for a dedicated professional Service Delivery Manager to take responsibility for the Department’s knowledge exchange and impact activities, with respect to both research activities and public engagement.

You will have detailed knowledge of the requirements of the Research Excellence Framework, including the Knowledge Exchange and Impact agenda, and a higher degree (at master’s or doctoral level) in Law, or a related subject. The postholder will work closely with the LSE Research Division to develop effective mechanisms for recording and interpreting Departmental knowledge exchange and impact data and metrics, and also provide advice and support to academics on applying for research funding. You will have excellent communication skills, and experience of collecting, analysing and
presenting quantitative and qualitative data. In addition, you must have significant previous experience in a similar role in higher education, and experience of line managing staff, including conducting career development reviews.

In addition to a good salary the benefits that come with this job include a defined benefits pension scheme, generous annual leave and excellent training and development opportunities.

Applications must be received by 6 February 2015 (midnight UK time). Regrettably, we cannot accept any applications received after this date.

Interviews will be held in the week commencing 2 March 2015.

 

Monisha Kaltenborn

19 January 2015

Alumni at large: Monisha Kaltenborn's F1 career

Being named the first female team principal in Formula One’s near 70-year history might come to be regarded as the defining moment in the career of Monisha Kaltenborn (LLM 1996). However, neither she nor her Sauber F1 Team colleagues realised that she was breaking new ground in a male-dominated sport until they announced her appointment in 2012 and questions poured in from the media ...

15 January 2015

LSE WORKS

LSE Works was launched In 2011 as a new series of public events, to highlight in an accessible manner some of the main insights and achievements of LSE’s research centres.

In 2015 LSE is delighted to continue the success of LSE Works with a third series of public lectures that will showcase some of the latest research by LSE's academic departments and research centres.

In each session, LSE academics will present key research findings, demonstrating where appropriate the implications of their studies for public policy. A list of all the LSE Works lectures can be viewed at http://www.lse.ac.uk/publicEvents/LSEWorks.aspx

Dr Jan Kleinheisterkamp (Law) will contribute to the series on 12 February 2015 with a lecture entitled Investor Protection in TTIP: fading democracy or new generation?

Jan Komarek

15 January 2015

Dr Komárek's research cited in ECJ Opinion on ECB bond-buying

Dr. Jan Komárek's article 'The Place of Constitutional Courts in the EU', published in (2013) European Constitutional Law Review, was recently cited in the Opinion of the ECJ Advocate General Cruz Vilallón in the case concerning the European Central Bank's bond-buying programme (known as "OMT" - outright monetary transactions). The ECJ is deciding on a first preliminary reference ever made by the German Constitutional Court, which essentially required the ECJ to declare the famous "whatever it takes" pledge by the ECB President Mario Draghi incompatible with EU law.

Chaloka Beyani

13 January 2015

Chaloka Beyani quoted in the Guardian on Climate change

Dr Chaloka Beyani, Associate Professor in the Law Department, was recently quoted in the Guardian on climate change and population migration. He warned of potential conflicts over scarce resources and the need for planned movement and relocation for those most at risk.

18 December 2014

LSE Law No.1 in Ref 2014

LSE Law has excelled once again in REF, the UK's nationwide assessment of research quality, impact and environment, which is undertaken every six to seven years. The results published today show that LSE Law is the UK's number one law school for world leading research.

The REF assessment takes place according to a quality scale from 1* to 4*, with 4* representing world leading research quality. In REF 2014 LSE Law had the highest percentage of world leading 4* publications of any UK institution. In light of the fact that nearly all members of staff in the Law Department were submitted to REF 2014 this is a remarkable achievement.

In the overall ranking, aggregating scores for research outputs, impact of research on policy, and academic environment LSE Law was placed in second place in the country league table. When adjusted to take account of the percentage of full time staff submitted to REF, LSE Law is by some distance the number one UK Law School for overall research quality.

Congratulations to everyone at LSE Law for a stunning set of results.

Further details are available here.

 

Andrew Murray

20 December 2014

Andrew Murray on Policing the Dark Web

Professor Murray wrote for the Independent on Friday 12 December on Policing the Dark Web: "The dark web is not just for paedophiles, drug dealers and terrorists: It is this perception that is driving the misguided policy shift signalled in the last 48 hours."

You can read the article in full at: http://www.independent.co.uk/voices/comment/the-dark-web-is-not-just-for-paedophiles-drug-dealers-and-terrorists-9920667.html?origin=internalSearch

18 December 2014

LSE launches Research Impact Website

LSE is joining the growing number of UK higher education institutions to showcase its own research impact via a new section of its website. For more information about the origins of this new site, see the LSE Impact Blog. The site itself is available here:

LSE Research Impact

and contains seven case studies featuring members of the department:

 

Stephen Humphreys

18 December 2014

Stephen Humphreys writes in the Guardian on International Law and Climate Change

Dr Stephen Humphreys writes for the Guardian on the silence of international law, when it comes to responsibility for climate change.

15 December 2014

New issue of Law, Society and Economy Working Paper Series

We are delighted to announce the third issue of the LSE Law Department's Law, Society and Economy Working Paper Series for 2014. 

In this issue, Helen Reece (WP21/2014) addresses responses to her recent article about 'rape myths' in an attempt to move towards a productive discussion on this topic; Paul MacMahon (WP22/2014) proposes a novel interpretation of the doctrine of good faith and fair dealing, taking into account the rhetoric as well as the reality of judicial enforcement; Jan Komárek (WP23/2014) argues against national constitutional courts' embrace of EU fundamental rights; Julia Black (WP24/2014) analyses six examples of regulatory disasters and discusses how regulators can learn from them to reduce the likelihood of similar disasters in the future; Matthias Lehmann (WP25/2014) identifies and analyses different approaches to structural reforms of banking systems across the globe; Michael Wilkinson (WP26/2014) suggests the constitutional tensions in the German Court's OMT reference reflect broader contradictions in the logic of late democratic capitalism;  Sarah Paterson (WP27/2014) introduces the term 'law of corporate distress' constituting both insolvency law and restructuring law, and examines the implications of this distinction; Kai Möller  (WP28/2014) provides a response to critical comments by Virgílio Afonso da Silva, Alon Harel, and Iddo Porat on his recent book The Global Model of Constitutional Rights; Pablo Ibáñez Colomo (WP29/2014) seeks to make sense of the perpetual controversy about the legal treatment of exclusive dealing and rebates under Article 102 TFEU.

 

Sarah Paterson

12 December 2014

Sarah Paterson discusses PIK and covenant lite debt on BBC Newsnight

Sarah Paterson recently appeared on BBC’s Newsnight in a feature on PIK (or payment in kind) and covenant lite debt. She explained how a PIK loan operates and discussed why the generous terms offered by PIK and covenant lite lenders may actually reduce the prospects of successfully rescuing a company which has taken advantage of them if the company later finds that it has taken on too much debt.

Andrew Scott

12 December 2014

NI Law Commission publishes defamation consultation

The Northern Ireland Law Commission has published its consultation paper on defamation law authored by Dr Andrew Scott. The consultation asks whether the reforms reflected in the Defamation Act 2013 should be extended to Northern Ireland, either in part or wholesale; whether any elements of the 2013 Act should be revised in minor or more significant ways before adoption into Northern Irish law, and whether it would be desirable to introduce a further reform option: the withdrawal of the 'single meaning rule' in combination with the introduction of a bar to the bringing of claims where a publisher has made a prompt and prominent correction or retraction on a given meaning. The consultation runs until 20 February 2015. The paper can be accessed here.

Michael Bridge

9 December 2014

Professor Michael Bridge made Bencher of Middle Temple

Congratulations to Professor Michael Bridge, who has been appointed Bencher of his Inn of Court, the Middle Temple. The Inns of Court have an historic role in the training and regulation of barristers. Each Inn of Court is governed by a Treasurer, who acts for one year, with the help of the benchers, who are senior barristers and act as the Inn's governing body or 'Parliament'.

Paul MacMahon

9 December 2014

Paul MacMahon on inquests and US police killings

Dr Paul MacMahon spoke recently to the Wall Street Journal Law Blog about the potential for reviving inquests in the wake of police killings in the US. Dr MacMahon's forthcoming article 'The Inquest and the Virtues of Soft Adjudication' (Yale Law and Policy Review, 2015) notes that inquests 'have significant advantages in the furtherance of important societal goals, including accountability for wrongful deaths, the collection and dissemination of information about risky activities, and helping the deceased’s family come to terms with a traumatic death'.

Andrew Murray

4 December 2014

Andrew Murray discusses giving people personal property rights over their personal data

In a series of seminars in Belgium and The Netherlands, Andrew Murray discussed the concept of giving individuals ownership over their personal data. On Friday 21 November he took part in an event in Brussels organised by LSE Alumni Association Belgium entitled, “Big Data, Little Privacy? Quo Vadis for the Future EU Digital Agenda” where he debated with Ryan Heath, former spokesperson for EU Commissioner for the Digital Agenda Neelie Kroes. On Tuesday 25 November he presented his a paper entitled “Commoditising the Person” at the Tilburg Institute for Law and Technology (TILT) and on Friday 28 November delivered the same paper to an audience at the Centre for Law and the Internet in Amsterdam. These papers discussed concepts at the heart of his forthcoming book The Objective Self.

Emily Jackson

20 November 2014

Professor Emily Jackson on assisted dying

Professor Jackson is the latest LSE academic to undergo a Gearty Grilling, a weekly series of short, to-the-point video debates from LSE’s Institute of Public Affairs (IPA) on key issues affecting the world today. Conor Gearty, Director of the IPA and Professor of Human Rights Law, subjects academics to a five-minute grilling to showcase the School's world class research and faculty.

click here for full interview ...

Conor Gearty

20 November 2014

Professor Conor Gearty on justice and the passage of time

Conor Gearty appeared in Keir Starmer’s recent BBC Radio 4 programme Can Time Run Out for Justice which examined the way justice is being dispensed often years after the event that gives rise to the trial. Gearty discussed with Starmer the ethical and legal issues involved in such prosecution decisions.

click here for full programme ...

Helen Reece

18 November 2014

Helen Reece discusses violence against women on ABC Radio

Helen Reece appeared yesterday on ABC Radio (Australia), together with Julie Bindel, discussing violence against women and 'rape culture'.

  

17 November 2014

LSE International Law Traineeship Programme

INTERNATIONAL COURT OF JUSTICE TRAINEESHIP SCHEME

Deadline: 15 January 2015

LSE is delighted to announce that it has been invited to submit applicants for the University Traineeship Programme at the International Court of Justice in The Hague. The nine-month traineeship will commence in September 2015 and conclude in May 2016. The traineeship programme is similar to a judicial clerkship and provides the opportunity for an LSE student or recent graduate to work closely with the members of the Court on tasks such as drafting court documents, preparing case files and research on a variety of legal issues. Please note: There is no guarantee that the nominated LSE candidate(s) will be selected for the traineeship. LSE is among a select group of leading law schools, including Oxford, Cambridge, Harvard, NYU, Columbia, Yale, Michigan and Geneva, eligible to nominate students to the ICJ. The Court reviews candidates nominated by these universities and selects its trainees from this pool of candidates. If an LSE candidate is taken on by the Court, he/she will receive a stipend from LSE to help support the cost of living while in the Hague.

Application materials are available below. Applications are open to current students and recent graduates. Interested students may contact Dr Devika Hovell at D.C.Hovell@lse.ac.uk.
 

 



WORLD BANK LEGAL ANALYST PROGRAM (LAP) AND LEGAL INTERN PROGRAM (LIP)

Deadline for LAP: 10 December 2014

Deadline for LIP: 15 January 2015

LSE Law has been invited to nominate applicants for the World Bank’s Legal Analyst Program. This is designed to introduce talented young legal professionals from around the world to the International Bank for Reconstruction and Development (World Bank), through a temporary three year appointment. LSE Law is among a select group of leading law schools eligible to nominate students to the World Bank, but there is no guarantee that the nominated LSE candidate(s) will be selected for the program. The same positions will be open to applicants via a World Bank portal, and applicants are encouraged to apply both through the school and through the Bank’s online portal.

Separately, the LSE has also been invited to nominate applicants for the World Bank’s Legal Intern program. This program works on an as need basis, with nominated applicants’ resumes kept on file at the Bank until a need arises.

Links to the World Bank’s Terms of Reference, Application Guidance Documents, and Application Forms are below. Please email Andrew Lang (a.lang@lse.ac.uk) for further information.

 

Damian Chalmers

13 November 2014

Professor Chalmers' report on EU labour market and welfare benefits

Professor Damian Chalmers, together with Open Europe's Research Director, Stephen Booth, has written a pamphlet arguing for a three-year moratorium on EU migrants’ access to benefits via a new 'Citizenship and Integration Directive'. The paper notes: "These reforms would be far from simply symbolic, they would greatly increase the Government’s ability to target its welfare and employment policies at British citizens and reduce EU citizens’ incentive to migrate to the UK for low-income jobs…whilst setting out EU citizenship as the right to seek employment opportunities across Europe and to have the full benefits of a society when one has integrated into it." The paper has been widely discussed on the BBC, both TV and radio, and other news outlets. It was featured on the front page of the Financial Times, which suggested it was being considered by Prime Minister David Cameron.

For further details, see Open Europe.

For the full paper, click here

  

5 November 2014

International Association for Legal and Social Philosophy Annual Conference at LSE

The Law Department hosted and supported the 2014 UK branch of the IVR (International Association for Legal and Social Philosophy) annual conference on 25 and 26 October. The conference was organised by Dr Emmanuel Melissaris (LSE Law), treasurer to the executive of the UK IVR. It attracted a large number of scholars from the UK and beyond, who discussed from various perspectives the overall theme of De-Juridification: Appearance and Disappearance of Law at a Time of Crisis. The aim of the conference was to explore whether, under conditions of globalisation and in the midst of a global crisis, the process of juridification of social spheres – a process identified by legal and social theorists not so long ago– is being reversed and whether law is subsiding and giving way to other modes of governance. This suspicion was prompted by various recent developments. To name but a few: governments offload many of their central tasks to civil society; international economic agencies exercise normative authority; people seemingly recognise each other more as economic actors than as legal subjects; interpretation of indeterminate laws being carried out not by courts but by actual power-holders. The contributions to the conference, which addressed the issue from a variety of disciplines such legal philosophy, socio-legal theory, and legal anthropology, tackled questions such as the following: Is a process of de-juridification underway? In which contexts does law recede? What replaces it and how? Does less law mean more or less politics as many hoped in the 70s and 80s? Does it entail a shift in the meaning of legitimacy?

The keynote lectures were delivered by Prof. Peer Zumbansen (Dickson Poon School of Law, King’s College London) and Prof. Antje Wiener (Faculty of Economics and Social Sciences, University of Hamburg). Roundtable discussants were Prof. Emilios Christodoulidis (School of Law, University of Glasgow), Prof. Dora Kostakopoulou (School of Law, Warwick University) and Dr Fernanda Pirie (Oxford University, Centre for Socio-Legal Studies).

For further information about the conference or the UK IVR, please contact Dr Emmanuel Melissaris.

 

 

Chaloka Beyani3 November 2014

Dr Beyani addresses UN General Assembly on Internal Displacement

Dr Chaloka Beyani, Associate Professor in the Law Department, addressed the United Nations General Assembly on 24th October 2014 and the United Nations Security Council on 28th October in his capacity as United Nations Special Rapporteur for the Human Rights of Internally Displaced Persons. His address to the General Assembly was on the subject of urban displacement. His address to the Security Council was by special invitation during the Council's open debate on the theme 'Women, Peace and Security-Displaced Women and Girls: Leaders and Survivors'.

Both addresses are available on the UN Webcast:

 

25 October  2014

Professor Bridge & Dr Braithwaite on 'Private rights and insolvency rules' at BoE

On Friday 17 October, Professor Michael Bridge and Dr Jo Braithwaite gave a lecture at the Bank of England entitled 'Private rights and insolvency rules'. The lecture considered case law that has emerged from the financial crisis, with a particular emphasis on Lehmans decisions dealing with the ranking of claims on an insolvency and the interpretation of standard form financial agreements.

Stephen Humphreys

25 October  2014

Stephen Humphreys talks at Tokyo IBA report launch

Stephen Humphreys spoke at a panel in Tokyo on October 22, for the launch of the final report by the IBA Task Force on Climate Change Justice and Human Rights. Dr Humphreys was a member of the Task Force and also acted as ‘academic advisor’ to the Task Force Officers and report drafters. Also speaking at the session in Tokyo were former US Vice President Al Gore, UN Special Climate Change Envoy Mary Robinson, the former President of Mexico, Felipe Calderón, and of the Maldives, Mohamed Nasheed, and Task Force co-chairs Baroness Helena Kennedy and David Estrin.

More information here:

http://www.ibanet.org/Article/Detail.aspx?ArticleUid=96b93592-3761-4418-8a52-54a81b02c5f1

http://www.iflr.com/pdfs/IBA-2014-Day4.pdf

Jeremy Horder

20 October  2014

Professor Jeremy Horder on infidelity and murder on BBC Radio 4 Woman's Hour

Professor Jeremy Horder appeared on Woman's Hour on 15th October. He was talking about the sentencing of men who have killed their partners when the latter have allegedly been unfaithful. He suggested that the courts were wrongly still regarding unfaithfulness as a potentially very serious provocation, warranting a lighter prison sentence for the killer who reacts to it by murdering the unfaithful victim.

 

20 October  2014

Professor Michael Lobban on treason on BBC Radio 4's PM

Professor Michael Lobban recently appeared on BBC Radio 4's PM to discuss treason, the purpose of the original statute and potential attempts now to use it against IS.

Chrisann Jarrett

6 October 2014

LSE Law student starts Let us Learn campaign for students affected by change in residence requirement

Chrisann Jarrett, a 19 year old LSE Law student, has started the Let Us Learn campaign, recently highlighted in the Guardian. The campaign aims to help ambitious young people who are lawfully resident in the UK, but unable to take up their place at university because of financial barriers. Chrisann explains on the campaign's website:

Since September 2012, non-UK nationals with Discretionary or Limited Leave to Remain here are no longer eligible for student finance, despite being allowed to go to university in the UK. On top of this, they are classified as international students and are therefore expected to pay full international fees – which are often as much as £15,000 per year.

For many young people, this barrier is simply too high and so they are unable to realise their dreams of attending university in the UK.

Prior to July 2012, those with Discretionary Leave to Remain in the UK had to complete six years’ continuous lawful residence here before they qualified for Settlement. However, the Government recently extended this to ten years. Young people granted Discretionary Leave to Remain after July 2012 will therefore now have to wait ten years before they are eligible for student finance.

This campaign calls for a change. Driven young people who have the grades and have earned their place at university should not be held back. Let Us Learn!

 

6 October 2014

Dr Yaniv Roznai wins thesis prize

Congratulation to Dr Yaniv Roznai whose recently completed thesis 'Unconstitutional constitutional amendments: a study of the nature and limits of constitutional amendment powers' (supervised by Professor Martin Loughlin and Dr Thomas Poole) has won the Thesis Prize of the European Group of Public Law.

Conor Gearty

6 October 2014

Professor Gearty on Conservative proposals for a new British bill of rights

Professor Conor Gearty writes in today's Guardian:

Even by the standards of contemporary politics, the Conservatives’ proposal for a new British bill of rights and responsibilities is incoherent. The prime minister’s conference speech attacked the European court of human rights in Strasbourg. The subsequent announcement is not what would have logically followed – a withdrawal from the convention system under which that court operates – but rather repeal of the domestic Human Rights Act, which has no institutional connection with it. All this will do is increase the number of cases that go to Strasbourg, and will almost certainly produce more, not fewer, negative rulings against the UK. ...

3 October 2014

LSE Law comes seventh in the QS World Law School Rankings for 2014

LSE Law is delighted that it has been ranked in seventh position in the QS World University Law School Rankings for 2014. For more details on the rankings please click here.

Ian Roxan

3 October  2014

Dr Ian Roxan discusses tax avoidance by US companies on R4 Today

Dr Ian Roxan recently appeared on the Today programme on BBC Radio 4 discussing the new US rules to restrict tax inversions by US multinationals such as Burger King and the pharmaceutical company AbbVie. In a tax inversion the multinational uses the acquisition of a foreign group to relocate its parent company outside of the US and so to reduce its US tax liabilities on foreign profits. Asked whether the new rules would stop companies from doing inversions, Dr Roxan said, "I'm sure there will be some that still find it interesting, but this will make it less attractive for the more aggressive ones." He noted that the new rules this time are not designed to affect foreign multinationals investing in the US. Responding to the comment of former President Bill Clinton that the US needs to lower its corporate tax rate, one of the highest in the world, Dr Roxan said, "The US corporate tax system certainly needs reform, and a reform would likely involve a reduction of the US tax rate. The problem is that the US government won't want to lose revenue, so they'll want to close a lot of loopholes at the same time, and so getting that through Congress is going to be difficult.

Davor Jancic

25 September 2014

Dr Davor Jancic on national parliaments, subsidiarity and EU law

Dr Davor Jancic, British Academy Newton Fellow, gave a talk in the Lithuanian Parliament (Seimas) on the role of national parliaments in the EU and the principle of subsidiarity at a seminar organised by their European Affairs Committee on Monday 22 September 2014. Dr Jancic underlined that the scope of the EU law framework of subsidiarity monitoring by domestic legislatures is very narrow and warned that the work of parliamentarians should be focused on substantive policy scrutiny. He assessed the European Commission’s approach to the early warning mechanism as rather restrictive. Dr Jancic furthermore gave a number of policy recommendations on how to enhance the process on the basis of the existing EU Treaties. The seminar was open to the general public and attended by up to 100 participants, including citizens, civil servants, politicians and academics. Dr Jancic was the only scholar invited to speak. Other speakers included representatives of the Lithuanian Government and Parliament, the European Parliament, and national parliaments such as the UK House of Lords, Swedish and Dutch parliaments.

Jan Kleinheisterkamp

5 September 2014

Dr Devika Hovell on legality of air strikes in Middle East

Dr Devika Hovell was recently interviewed on BBC News 24 about the legality of air strikes in Iraq and Syria. Dr Hovell noted that, while the Iraqi government had authorised air strikes in Iraq, no authorisation had been forthcoming from Syria. She was asked to respond to statements by Prime Minister David Cameron that Syrian consent was not necessary as it was not a 'legitimate government' and explained that 'a leader who violates the human rights of his or her citizens does not write a blank cheque to any state to invade for any reason'. While it was not clear that the UK could rely on self-defence as there was no known imminent threat against the UK, Dr Hovell explained that collective self-defence on behalf of Iraq might be an available defence. She also raised the suggestion that the UK government could raise the more controversial defence of humanitarian intervention and spoke briefly about the distinction between the legality and legitimacy of the use of force in international relations.

 

3 September 2014

LSE Law Professors appointed to Bank of England Fair and Effective Markets Review Academic Panel

On the 12th June the Chancellor announced that the government would establish a joint review by the Treasury, the Bank of England and the Financial Conduct Authority (FCA) into the way wholesale financial markets operate. Professor Julia Black and Emeritus Professor Joanna Benjamin have both been appointed as academic advisors.

Jan Kleinheisterkamp

22 August 2014

Jan Kleinheisterkamp appointed to ICC Governing Body

Dr Jan Kleinheisterkamp has been appointed to serve as the academic member of the Governing Body of the Dispute Resolution Services of the International Chamber of Commerce (ICC), which includes the ICC International Court of Arbitration, the leading international arbitral institution. The role of the Governing Body is to set out the strategic aims of the Court and to propose policies for the future business and direction of the Court for approval by the Board. It also assures the preservation of the independence of the Court within the ICC framework and to ensure its sound governance. Dr Kleinheisterkamp succeeds Professor George Berman of Columbia Universityerresrser.

6 August 2014

LSE Awards to Dr Devika Hovell and Dr Solene Rowan

Congratulations to Dr Solene Rowan whose significant contribution to teaching at LSE was recognised by a Major Review Award. Asked about her experience of teaching at LSE, Dr Rowan replied:

"My best teaching experiences usually occur when I introduce comparative law elements into my lectures or classes. Looking at the way other systems work is not only instructive, but it also stimulates wider discussion about legal and cultural differences. It shows students that in many cases there is not just one way of answering a legal problem, and that there is often no right or wrong to answer. LSE is the perfect place to introduce comparative law in this way as it is such an international institution. It is thrilling to hear what students from so many different parts of the world have to say about their own legal systems and cultures and to hear their comparative observations about English law."

Congratulations also go to Dr Devika Hovell, winner of the LSESU Award for Professional Mentoring and Personal Development:

"She is by far the best teacher we have ever had - she is an inspiration to us all"

Devika masterfully combines academic rigour with professional mentoring, going above and beyond to make her course content relevant to the wider world and incorporating practical skill training into her classes. She frequently invites guests to speak to students, judge mooting competitions or discuss their practice areas after a seminar. Devika has inspired many students to pursue law careers and sharpened the interests of those who had already decided on this path.

 

1 August 2014

New issue of Law, Society and Economy Working Paper Series

We are delighted to announce the second issue of the LSE Law Department's Law, Society and Economy Working Paper Series for 2014. 

In this issue, Andrew Lang (WP12/2014) reflects on what has happened to techniques of governing-by-knowledge after post-positivist critiques of scientific objectivity; Grant Huscroft, Bradley W. Miller, and Grégoire Webber (WP13/2014)  introduce their edited collection on the doctrine of proportionality in constitutional and human rights adjudication; Philipp Paech (WP14/2014) explores conflict-of-laws issues surrounding insolvency and close-out netting and proposes a new approach in this regard; Matthias Lehmann (WP15/2014) analyses the need for and justification of civil liability of rating agencies under EU law Zelia Gallo, Nicola Lacey, and David Soskice (WP16/2014)   present a comparative analysis of serious violent crime in the US and England and Wales; Davor Jancic (WP17/2014) argues that international parliamentary relations evolve in layers of overlapping forums and specifically analyses relations between parliaments of the EU and Brazil; Astrid Sanders (WP18/2014) explores the impact of the Ruggie Framework and the UN Guiding Principles on Business and Human Rights on transnational human rights litigation; Tola Amodu  (WP19/2014) presents a critique of the community Infrastructure Levy as part of the Planning Act 2008; Ewan McGaughey (WP20/2014) asks whether behavioural economics can help make better labour law.

 

  

31 July 2014

Dr McCandless Co-director of Northern / Irish Feminist Judgments Project

The Irish and Northern Irish Feminist Judgments Project launches with a new website: www.feministjudging.ie

A collective of academics and practitioners based in Ireland and abroad will rewrite 30 important legal judgments, which they believe would have been decided differently if a feminist perspective had been brought to bear on the case. The cases selected will cover constitutional law, child and family law, reproductive rights, property law, criminal law, immigration law and religious freedom. By rethinking the process of judgment, the project will demonstrate the influence which judges have had on women's lives, and on the politics of identity in Ireland and Northern Ireland.

The project will run from October 2014 to September 2015. A series of workshops will be held throughout Ireland in the autumn and in the spring, at which draft judgments will be presented for discussion by academics, practitioners and activists. A book, collating the feminist judgments produced during the project, will be published by Hart in 2016. For further details, email irishfeministjudge@gmail.com

The project is led by Dr. Aoife O'Donoghue (University of Durham), Dr. Julie McCandless (London School of Economics) and Mairead Enright (University of Kent).

You can follow the project on twitter at @irishfjp and on facebook at https://www.facebook.com/irishfjp


 

Niamh Moloney  

31 July 2014

Professor Moloney appointed Specialist Adviser to House of Lords Inquiry

Professor Niamh Moloney has been appointed Specialist Adviser to the Inquiry on Review of the EU Financial Regulatory Framework by the House of Lords EU Select Committee (Sub-Committee on Economic and Financial Affairs), launched on July 15. The Inquiry will cover areas such as: How effective are the reforms to the financial regulatory framework introduced since the 2007 outbreak of the crisis? Which are the biggest strengths and weaknesses in the regulatory framework? How effective has the EU’s attempt to harmonise rules in the form of the Single Rulebook been? Have the needs of consumers of financial services and products been met satisfactorily? What is the best balance between the powers of Member States and the EU when it comes to regulation and supervision? Are there any inconsistencies between regulation of the eurozone and of the wider European Union? What will the challenges be for those Member States not in the eurozone, such as the UK? Has the UK done enough to defend its strategic interests? The Inquiry Call for Evidence is available [here] and written submissions by interested parties are to received by the Committee by September 30 2014.
 

  

30 June 2014

Professor Horder elected Fellow of the British Academy

Congratulations to Professor of Criminal Law, Jeremy Horder, who has been elected a Fellow of the British Academy.  Each year, the British Academy elects to its Fellowship up to 42 outstanding UK-based scholars who have achieved academic distinction as reflected in scholarly research activity and publication. Professor Horder graduated from the Universities of Hull (1984) and Oxford (1986) before taking up a Research Fellowship at Jesus College, Oxford, from 1987-1989. He then became the Porjes Trust Tutorial Fellow in Law at Worcester College, Oxford, from 1989-2010. He was Chairman of Oxford’s Faculty of Law from 1998-2000. From 2005-2010, he was a Law Commissioner for England and Wales, with responsibility for criminal law reform, before becoming Edmund Davies Professor of Criminal Law at King’s College London, from 2010-2013. He is an Honorary Bencher of the Middle Temple and holds an Honorary LL.D from the University of Hull.
 

Conor Gearty  

30 June 2014

Edmund Schuster wins Wedderburn Prize

Edmund Schuster has been awarded the Wedderburn Prize, awarded by the Modern Law Review.
    The article “The Mandatory Bid Rule: Efficient, After All?” analyses the economic efficiency of the so-called mandatory bid rule, a core element of UK (and EU) takeover regulation, and compares the rule’s costs and benefits to the alternative approach taken by US corporate law. The Wedderburn Prize is named in honour of Lord Wedderburn of Charlton, who served as General Editor of the Review from 1971 to 1988. It is awarded annually for a contribution to that year's volume which in the opinion of the Editorial Committee is exemplary of the type of scholarship that The Modern Law Review aims to promote. In awarding this Prize, the Committee pays particular attention to the work of authors who are at a relatively early stage of their careers.

Conor Gearty  

30 June 2014

Professor Jill Peay contributes to the Out of Our Heads visual arts exhibition

Professor Jill Peay contributed to the Out of Our Heads visual arts exhibition at Shoreditch Town Hall on the 25th June with a lecture on Crime and Mental Health. The scientific lecture programme included contributions from Professor David Nutt (Psychiatrist and Neuropsychopharmacologist), Prof Fiona MacPherson (Philosopher), Prof John Foot (Historian), Dr Konstantinos Moutoussis (Neuroscientist), Prof Semir Zeki (Neurobiologist) and Claire Swift from the London College of Fashion. As the curators observed: the project aimed to ‘engage the public in a diverse dialogue about hallucinations and mental health and challenge the stigma that surrounds mental illness’. And the displays of visual art in the labyrinthine passages of the basement of Shoreditch Town Hall were quite simply extraordinary.

Conor Gearty  

16 June 2014

Honorary Doctorate for Professor Gearty

Professor Conor Gearty, Department of Law and Institute of Public Affairs, was awarded an honorary doctorate by University College Dublin on Monday 16 June. Conor said that he was very proud of the award as he took his first degree at University College Dublin.

 

Philipp Paech  

16 June 2014

Dr Paech at BIS

The Bank for International Settlements (BIS) – the central bank of all central banks – has invited Dr Philipp Paech of LSE Law to conduct a study on the legal impact of special insolvency protection for financial infrastructures such as payment systems and securities settlement systems. The Study under the lead of Dr Paech involves BIS experts and will be published by the bank later this year.

 

12 June 2014

President Higgins quotes Gearty's The Meanings of Rights

In a speech at the University of Limerick, opening a Royal Irish Academy Discourse entitled "International Human Rights and Democratic Public Ethics", the Irish President, Michael D. Higgins, made multiple references to The Meanings of Rights (Cambridge University Press, 2014; co-edited by Professor Conor Gearty and Professor Costas Douzinas). President Higgins discussed "disturbing uses which have been made of the term in the decades since the end of the Cold War – of its misuse as a rhetoric of abuse on so many occasions".

Orla Lynskey6 June 2014

Dr Orla Lynskey on the 'right to be forgotten'

Dr Orla Lynskey was recently interviewed by Joshua Rozenberg for the BBC Radio 4 programme Law in Action. Dr Lynskey discussed the legal and practical implications of the ECJ’s judgement in the Google Spain case where the Court had held that individuals could request a search engine, such as Google, to remove their personal data from its search index if the processing of that information was no longer compatible with the EU data protection rules.

10 June 2014

Cedric Thornberry

The Law Department regrets to announce the death, on 6 May, of Cedric Thornberry, who was a lecturer in law at the School from 1960-1978. Cedric pioneered the teaching of international human rights law at the School and left in 1978 to join the United Nations. He retired from the UN in 1995, as Assistant Secretary-General. An obituary can be found on The Guardian website.
 

Robert Reiner6 June 2014

'Do the Powerful Still Need the Police?'

Theresa May, the Home Secretary, has launched radical reforms of the police service, already the hardest hit of all public services. Why have the police plunged in political clout sufficiently to make the deep transformation in their resources and powers possible? The bottom line, writes Emeritus Professor Robert Reiner, is that the powerful are simply less dependent on public police protection, benefiting from bespoke services that are cheaper than extending universal guardianship to all citizens ... [continue reading blog post]
 

Chaloka Beyani15 May 2014

Dr Beyani addresses UN Security Council on Internal Displacement

Dr Chaloka Beyani, Law Department, addressed members of the United Nations Security Council in New York last week on 30th May 2014 on the challenges of internal displacement, protection of civilians, and threats to international peace and security in his capacity as UN Special Rapporteur on the Human Rights of Internally Displaced Persons. He also completed an official mission to Azerbaijan 18-24 2014 May where he explored durable solutions to protracted displacement lasting more than 20 years.

15 May 2014

LSE Law ranked in the top three law schools in the United Kingdom

We are delighted that LSE Law has again been ranked as one of the top three law schools in the United Kingdom with the highest rating of any Law School for its research outputs. Further information on the rankings is available here.

http://www.thecompleteuniversityguide.co.uk/league-tables/rankings?s=Law

Chaloka Beyani15 May 2014

Dr Beyani finishes UN mission to Kenya

Dr Chaloka Beyani, Associate Professor in the Law Department, just completed an official UN mission to Kenya in his capacity as United Nations Special Rapporteur on the Human Rights of Internally Displaced Persons. He examined the issue of durable solutions for internally displaced persons as well as peace building initiatives among displacement affected communities in Northern Kenya. He also addressed the Legal and Human Rights Affairs Committees of the Senate and County Assemblies on their roles under the new constitution.

7 May 2014

Visiting Fellow Simon Wong contributes to Myners' report on Co-op

Visiting Fellow Simon Wong was part of the leadership team that assisted Lord Myners in his Governance Review of the Co-operative Group. The report provides 'a set of practical reforms intended to strengthen the Group's ability to recover from the traumatic shocks it has suffered over the past year and help position it for renewed success'.

1 May 2014

Simon Roberts

It is with great sadness that we announce the death, on 30 April, of Professor Simon Roberts. Simon first arrived at the School as an undergraduate in 1959 and, after a short period lecturing in Malawi in the early 1960s, from1964 he forged an academic career of great distinction here at the School. Simon produced pioneering scholarship in such fields as anthropology of law, family law, property law and alternative dispute resolution processes, and he served the School in many ways, including as Convenor of the Law Department and as Vice-Chair of the School’s Academic Board. Although Simon formally retired in 2006, he continued to teach for us, especially on our anthropology and law degree programme, the establishment of which was itself Simon’s initiative. Simon will be greatly missed by many generations of his students and colleagues. A celebration of his life will be arranged later this year.

A memorial page with messages of condolence can be viewed here - Simon Roberts.

30 April 2014

Establishment of Traineeship Scheme at the International Court of Justice

We are delighted to announce that LSE Law has been nominated as a sponsoring institution for the University Traineeship Programme at the International Court of Justice. This gives LSE law students the opportunity to apply along with students from a select group of universities to undertake a nine-month funded traineeship at the ICJ in the Hague. The traineeship programme is similar to a judicial clerkship and provides the opportunity for an LSE student or recent graduate to work closely with the members of the Court on tasks such as drafting court documents, preparing case files and research on a variety of legal issues.

Application forms will be available from the commencement of the 2014/2015 academic year and the deadline is likely to be January 2015. Applications will be open to current students and recent graduates. Interested students may contact Dr Devika Hovell at D.C.Hovell@lse.ac.uk 
 

30 April 2014

Two regulatory appointments for Professor Moloney

Professor Niamh Moloney has been appointed to the Consumer Advisory Group of the Central Bank of Ireland. The role of the Consumer Advisory Group is to advise the Central Bank on its performance in relation to protecting consumers of financial services.

Professor Moloney was also recently re-appointed by the Board of the European Securities and Markets Authority (ESMA) to serve a second term on its advisory Securities and Markets Stakeholder Group. Professor Moloney served on the Group in its inaugural term, during which she was Chair of the Group’s Prospectus Working Group and a member of a number of Working Groups addressing issues related to ESMA’s regulatory and supervisory activities with respect to EU capital markets. The press release of the Chairman of ESMA on the appointment of the Stakeholder Group is available here.
 


 
 

29 April 2014

Professor Gearty's new book The Meanings of Rights

Professor Conor Gearty's latest book The Meanings of Rights: The Philosophy and Social Theory of Human Rights (Cambridge University Press, 2014), co-edited with Professor Costas Douzinas is now available:

'Does the apparent victory, universality and ubiquity of the idea of rights indicate that such rights have transcended all conflicts of interests and moved beyond the presumption that it is the clash of ideas that drives culture? Or has the rhetorical triumph of rights not been replicated in reality? The contributors to this book answer these questions in the context of an increasing wealth gap between the metropolitan elites and the rest, a chasm in income and chances between the rich and the poor, and walls which divide the comfortable middle classes from the 'underclass'. Why do these inequalities persist in our supposed human rights-abiding societies? In seeking to address the foundations, genealogies, meaning and impact of rights, this book captures some of the energy, breadth, power and paradoxes that make deployment of the language of human rights such an essential but changeable part of so many of our contemporary discourses.'

Professor Gearty was also recently awarded an honorary degree by Sacred University. SHU President John J. Petillo noted at the award ceremony, “We are very pleased to have Dr. Gearty visit Sacred Heart during this 50th anniversary year. Not only is he an outstanding educator and scholar, but his commitment to human rights exemplifies our mission of preparing students to make a difference in the world."

25 April 2014

Sanctions should not meddle with private contracts

Visiting Professor Jonathan Fisher QC recently wrote for Financial Times (10/04/14) on contract sanctions against Russia, arguing 'they are an unwarranted threat from the state to freedom of trade, and likely to do more harm than good.'

Helen Reece

27 March 2014

Helen Reece on rape and criminal justice

Helen Reece was recently interviewed on the ShoutOutUK blog, discussing the criminal justice system's response to rape.

24 March 2014

'Londongrad' dealmakers threatened by sanctions

Visiting Professor Jonathan Fisher QC has been quoted by Bloomberg News, describing the prospect of Russian sanctions as a "significant irritant" for Russian business people, and positing whether many may have already moved money out of the UK ahead of time

Stephen Humphreys24 March 2014

Stephen Humphreys interviewed on BBC Russian Service about Crimea

Stephen Humphreys was recently interviewed on the BBC Russian Service on the status of Russian military presence in Crimea under international law.

18 March 2014

New criminal offences proposed to protect hospital patients from gross negligence

Hospital patients who have been subjected to gross mistreatment and appalling standards of healthcare will be protected by a new criminal offence of ‘wilful neglect’ under plans sanctioned by the UK Government.

Law professors Karen Yeung (King’s College London) and Jeremy Horder (London School of Economics and Political Science) have put forward the recommendation in the wake of the Stafford Hospital public enquiry which called for tougher legislation.

In an article published in BMJ Quality and Safety this month, the law professors argue that existing legislation only protects mental health patients and children.

“There are a few cases where ordinary people – particularly the elderly and vulnerable – have been subjected to serious failings of care in hospitals in Britain and they have had no criminal redress,” Professor Horder said.

“As the law stands today, if you are maltreated in a hospital there is actually more protection from the criminal law if you die than if you do not. If you die, those responsible can be charged with manslaughter but if you don’t die it is much harder to find a criminal offence to deal with the worst cases of gross negligence.”

Under civil law, patients can sue a Hospital Trust for negligence and healthcare professionals can be taken to a disciplinary tribunal, but there is no redress beyond that.

The recommendations are part of the Government’s response to the inquiry led by Robert Francis QC following advice from the National Advisory Council on the Safety of Patients.

Professor Horder said that in the vast majority of cases, healthcare professionals had nothing to fear from the new law.

“All we are proposing is to extend the existing criminal legislation which applies to psychiatric care patients and children to everyone else. Criminal liability will only arise in the worst kinds of cases where the treatment is totally unacceptable.

“In an area where we put so much trust in people to get the treatment right and to avoid disastrous outcomes, we need the threat of criminal liability,” he said.

14 March 2014

Success at Philip C Jessup International Law Moot

Congratulations to Andrea Bowdren, Stephanie David, Juliane Guderian, and Austin Mahler (LLM, 2014) who competed at the national round of the Philip C Jessup International Law Moot Court competition, held in Gray's Inn on the 28th February-2nd March. The team performed superbly progressing to the semi-finals, after coming up against teams such as Leeds, KCL, Durham, and Cambridge. Congratulations in addition to Andrea Bowdren who received the ‘Best Oralist in the Preliminary Rounds’ award.

Julia Black

27 February 2014

Professor Black gives evidence to Parliamentary Scrutiny Committee on Deregulation Bill

Professor Julia Black recently gave evidence to the Parliamentary Scrutiny Committee on the Deregulation Bill (25/02/14). She commented on the 'growth agenda' for regulators - the government proposal to introduce a power which would allow Ministers to give guidance to regulatory bodies that requires them to promote economic growth when designing and implementing regulation.

Emily Jackson24 February 2014

Professor Emily Jackson made Judicial Appointments Commissioner

Congratulations to Head of Department Professor Emily Jackson, who has been appointed to the Judicial Appointments Commission. The JAC is the independent commission that selects candidates for judicial office in courts and tribunals in England and Wales, and for some tribunals whose jurisdiction extends to Scotland or Northern Ireland.

24 February 2014

Dr Murkens talks to BBC about Scottish independence and EU

Dr Jo Murkens recently appeared on BBC Radio 4's Westminster Hour (16/02/14) to explain issues around Scottish independence and Scotland’s membership of the EU.

18 February 2014

New issue of Law, Society and Economy Working Paper Series

We are delighted to announce the first issue of the LSE Law Department's Law, Society and Economy Working Paper Series for 2014. 

In this issue, Jeremy Horder (WP1/2014) argues for the legitimacy of bureaucratic criminal law by defending a number of its controversial characteristics; Sivaramjani Thambisetty (WP2/2014) contends that by not applying the person skilled in the art standard India’s Supreme Court in the case of Novartis v Union of India failed to develop a coherent and TRIPS-compatible measure to deny patents for derivative pharmaceutical inventions; Eva Micheler (WP3/2014) asserts that structural reform in the area of transfers and holdings of securities is needed to enable ultimate investors to hold securities directly; Jacco Bomhoff (WP4/2014) begins a project of re-imagining private international law as a constitutional phenomenon; Carsten Gerner-Beuerle (WP5/2014) suggests a method for the modeling of legal evolution, convergence, and the political economy of corporate governance codes; Carsten Gerner-Beuerle and Edmund Schuster (WP6/2014) explore how increased corporate mobility leads to the disintegration of coherent regulatory responses to problems posed by companies trading in the vicinity of insolvency; Jill Peay (WP7/2014) calls for a fundamental review of the purposes of imprisonment for offenders, in the light of observations about mentally disordered offenders; Michael Wilkinson (WP8/2014) considers the way European integration is destabilising the national frame for resolving questions of justice and asks whether the frame of justice itself must be subject to democratic contestation; Stephen Humphreys and Yoriko Otomo (WP9/2014) sketch some early lines of enquiry towards a theoretical understanding of international environmental law and elaborate on some of its dilemmas; Jan Komárek (WP10/2014) reviews Kühn’s The Judiciary in Central and Eastern Europe and finds it to serve as an interesting exhibit, rather than an accomplished study, of post-communist legal culture; and Jo Braithwaite (WP11/2014) explores the effects of the case law that arose from the collapse of the Lehman Brothers group in 2008.  

5 February 2014

Simon Wong discusses governance challenges facing sustainable investment watchdog UNPRI

LSE Law Visiting Fellow Simon Wong was recently quoted by the Financial Times in an article considering the governance challenges facing the UN Principles for Responsible Investment initiative.

29 January 2014

Visiting Professor Jonathan Fisher QC Advises Treasury Select Committee

Visiting Professor Jonathan Fisher QC has been appointed a specialist adviser to assist the House of Commons Treasury Select Committee in its inquiry into the divestment of 632 branches of Lloyds Banking Group, otherwise known as ‘Project Verde’, and the collapse of The Co-operative Bank’s bid for these branches.

Previously, Jonathan assisted the Treasury Select Committee as a specialist adviser in its inquiry into the LIBOR debacle. The Committee’s report, Fixing Libor: some preliminary findings”, was published in August 2012.

22 January 2014

Dr Beyani reports to UN Human Rights Council on CAR and Syria

Chaloka Beyani, Associate Professor in the Law Department, addressed the United Nations Human Rights Council in Geneva on Monday 20 January 2014 on the situation in the Central African Republic in his capacity as Chair of the Coordination Committee of the United Nations Human Rights Special fProcedures. A copy of the statement is available here.

In the same capacity, on 21 January 2014, Dr Beyani also issued a press release and a letter to the parties to the Geneva II talks on the situation in Syria. Copies of the press release and statement are available here [open letter] and here [press statement]

Dr Beyani was also recently quoted in Time magazine and the Guardian on the humanitarian crisis in the Central African Republic.

Chaloka Beyani

16 January 2014

Dr Beyani says international donors acted too slowly over CAR humanitarian crisis

Dr Chaloka Beyani, in his role as UN Rapporteur on the Human Rights of Internally Displaced Persons, spoke to the BBC World Service's Newsday (9 January 2014) about IDPs in the Central African Republic.

Conor Gearty

16 January 2014

Professor Gearty on Free Thinking, BBC Radio 3

Professor Conor Gearty recently appeared on BBC Radio 3's Free Thinking programme, in a discussion about what a new British constitution might look like.

3 January 2014

NEW BOOK: Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse

Dr Jacco Bomhoff's new book is Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse, published by Cambridge University Press:

The language of balancing is pervasive in constitutional rights jurisprudence around the world. In this book, Jacco Bomhoff offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is central. Contemporary discussion has tended to see the increasing use of balancing as the manifestation of a globalization of constitutional law. This book is the first to argue that 'balancing' has always meant radically different things in different settings. Bomhoff uses detailed case studies of early post-war US and German constitutional jurisprudence to show that the same unique language expresses both biting scepticism and profound faith in law and adjudication, and both deep pessimism and high aspirations for constitutional rights. An understanding of these radically different meanings is essential for any evaluation of the work of constitutional courts today.

Damian Chalmers

16 December 2013

Professor Chalmers evidence to European Scrutiny Committee

Professor Damian Chalmers recently gave evidence to the House of Commons European Scrutiny Committee on the relationship between EU law and UK law and how the position of the British Parliament could be better protected in EU decision-making. In its report on Reforming the European Scrutiny System in the House of Commons, it cited his work and evidence as the basis for two recommendations: one on how the UK government should negotiate matters which fall within Article 4(2) TEU, the provision that requires respect for domestic democratic identities, and the other on when Parliament should disapply existing EU law.

12 December 2013

NEW BOOK: Gatley on Libel and Slander

Gatley on Libel and Slander is the leading expert volume on the English law of defamation. It provides expert commentary on the common law, on practice and procedure, on related causes of action, and on the impact of the Defamation Act 2013 on law and practice. Dr Andrew Scott has  authored five chapters in the new edition: the general introduction, three chapters on the defences of truth (justification), honest opinion (honest comment), and publication on a matter of public interest (Reynolds privilege), and the chapter on the claim for misuse of private information.

Chaloka Beyani

10 December 2013

Dr Chaloka Beyani in Sudan as UN Special Rapporteur

Dr Chaloka Beyani, Senior Lecturer in Law in the Law Department, completed official missions to South Sudan in November and Sri Lanka in December 2013 in his official capacity as UN Special Rapporteur on the human rights of internally displaced persons, and will present his reports to the UN Human Rights Council and General Assembly next year. See media coverage of his visit in South Sudan and Sri Lanka respectively.

Dr Beyani’s second book this year, Collected Essays on the Use of International Law, was published by Cameron May on 30 November 2013.

29 November 2013

Dr Refik Tiryaki prize paper at Competition and Regulation in Network Industries conference

Dr Refik Tiryaki, a senior energy adviser for the Turkish Energy Market Regulatory Authority and recently a Visiting Fellow in the Law Department, was awarded the best paper prize for his presentation at the 6th Annual Conference of Competition and Regulation in Network Industries, Brussels, 22 November 2013. The paper was written during his time here as a Visiting Fellow.

Veerle Heyvaert

28 November 2013

Dr Heyvaert: 'Environment Agency staff cuts risks economy and reputation'

Dr Veerle Heyvaert writes on The Conversation blog on cuts to the Environment Agency, and the potential loss of international credibility if the UK returns to being the 'dirty man of Europe'.

 

25 November 2013

Dr Hovell on role of domestic courts in Security Council decision-making

Devika Hovell’s article on the role of domestic courts in Security Council decision-making is the subject of a blog symposium on Opinio Juris:

Nicola Lacey

22 November 2013

Professor Lacey at Prison USA: The Dilemmas of Mass Incarceration

Professor Nicola Lacey recently spoke at the Harvard Mahindra Humanities Center at the Prison USA: The Dilemmas of Mass Incarceration conference. The conference website can be found here.  View  Professor Lacey's contribution 'Comparative Perspectives on Mass Imprisonment'  on Panel 1, at 87:07 minutes.   [video footage link at the bottom of the page]

Julia Black

22 November 2013

Professor Julia Black appointed Pro-Director for Research

Professor Julia Black, Department of Law, has been appointed as the Pro-Director for Research. She takes over this area of responsibility from Professor Stuart Corbridge, who became Deputy Director and Provost earlier this term. Professor Black will be part of the Director’s Management Team and will provide academic leadership for the School’s strategic research ambitions.

LSE Director, Professor Craig Calhoun, commented "I am delighted to welcome Julia to the senior management team at LSE. She has an impressive research record in her own right, good judgment and a clear vision for further strengthening research at LSE."

Linda Mulcahy

20 November 2013

Professor Mulcahy on the court-room cage

Professor Linda Mulcahy was recently cited in a New York Times article on the use of cages in court-rooms, and its impact on the presumption of innocence. Profsesor Mulcahy noted, 'As soon as you put somebody in a cage, you begin to make the process part of the punishment.'

15 November 2013

New Papers in the Working Paper Series

We are delighted to announce the third issue of the LSE Law Department's Law, Society and Economy Working Paper Series for 2013. 

In this issue, Sivaramjani Thambisetty (WP20/2013) looks at the scope in patent law for sector specific innovation analysis to support the methodology and outcome of competition policy; Christos Hadjiemmanuil (WP21/2013) addresses certain claims made about the proper objectives and modes of operation of Special Resolution Regimes for failed banking institutions; Jacco Bomhoff (WP22/2013) introduces a comparative study of the language of balancing in the context of constitutional rights law; Peter Ramsay (WP23/2013) sets out some elements of a historical theory of the contemporary securitization of criminal law and expansion of state surveillance; and Julia Black (WP24/2013) develops a social conception of financial markets, arguing that regulators need to develop alternative cognitive and analytical frameworks for re-seeing and re-knowing financial markets in order to regulate them more responsively.

15 November 2013

Who Should Prosecute Fraud, Corruption and Financial Markets Crime?

In a new briefing paper for the Law and Financial Markets Project, Jonathan Fisher QC argues that City fraud, financial markets offences and corruption should be investigated and prosecuted by a single enforcement authority instead of the multiplicity of agencies currently involved. The recent establishment of the Economic Crime Command at the National Crime Agency has muddied the waters further. It is high time for the Government to deliver on its Coalition Agreement commitment by allowing the Serious Fraud Office to mutate into an enlarged new economic crime-busting agency, leaving the Financial Conduct Authority to concentrate on the imposition of civil penalties for regulatory and compliance breaches which do not demand a criminal response.

Just Emotions Rituals of Restorative Justice

15 November 2013

NEW BOOK: Just Emotions: Rituals of Restorative Justice by Dr Meredith Rossner

Even as restorative justice has captured the attention of justice practitioners, academics and communities worldwide and most research suggests that it has the potential to repair the harm of a criminal offence and reduce offending, there is also evidence that it can have no effect or even make things worse. Just Emotions: Rituals of Restorative Justice attempts to address these conflicting findings by analyzing how conferences work as a unique form of justice ritual.
With a pioneering new approach to the micro-level study of the processes and emotions involved in successful conferences, this book offers clues on how to improve the practice and increase successful outcomes. Using an eclectic methodological approach, the author presents a model that adapts Goffman's and Collins' ideas about the interaction ritual chain by focusing on participants' emotions, emotional turning points, and the emergence of rhythm and solidarity between participants. The approach involves a contrasting systematic empirical program, including a combination of qualitative interviews, detailed observations of discourse, face and demeanour, and quantitative analysis of systematically observed conferences, in order to improve the capacity of facilitators and practitioners to produce successful outcomes.

Dr Rossner also recently discussed transparency in UK courtrooms with the LSE Research blog - read the article in full here.

Damian Chalmers

15 November 2013

Prof Chalmers on UKIP and EU criminal justice

A letter by Professor Damian Chalmers was published in the Independent on 12 November, commenting on UKIP's call for a debate on EU policing and criminal justice.

Andrew Lang

8 November 2013

'Governing “As if”: The provisional settlement of knowledge controversies in the WTO'

Dr Andrew Lang's Current Legal Problems lecture 'Governing “As if”: The provisional settlement of knowledge controversies in the WTO' will be held at UCL Laws on Thursday 14th November at 6pm (Bentham House, Endsleigh Gardens, WC1H 0EG). This lecture explores the relationship between practices of knowledge production and legal decision-making in the field of international economic law, examining the 'practices of objectivity' by which certain forms of economic knowledge become the accepted basis for governance of markets through law. It draws on the work of Jasanoff and Riles to identify a mode of 'governing as if': a pragmatic mode of governance through knowledge, which can be read against late twentieth century controversies over the socially constructed nature of scientific knowledge. The analysis is developed through a study of the benchmark problem in the field of global subsidies regulation.

Kai Moller

8 November 2013

Kai Moller shortlisted for Law Teacher of the Year

Kai Möller, Senior Lecturer in Law, is one of six academics to be shortlisted for the Law Teacher of the Year 2014 award.

The award, which is sponsored by Oxford University Press, provides a national platform to showcase the excellent teaching on show at law schools around the UK and formally recognise the vital role played by law teachers.

Alison Bone, a member of this year’s judging panel, explains: "Students rarely remember the research their lecturer has done - they remember the support they received, the passion and the enthusiasm the lecturer demonstrated for their subject, the way they engaged them in the learning process by doing something a little bit different. All of these fundamental aspects of what makes an outstanding lecturer are acknowledged and rewarded in the Law Teacher of the Year award."

Kai said: "I am honoured to have been shortlisted for this award and I'm extremely grateful to the Department of Law for having been incredibly supportive throughout the entire process."

The winner will be announced in February 2014.

Conor Gearty

25 October 2013

Professor Gearty on BBC R4's Terror Through Time

Professor Conor Gearty appeared on BBC Radio 4's Terror Through Time, discussing the history of terrorism and counter-terrorism in Northern Ireland.

Nicola Lacey

22 October 2013

Professor Lacey on extending the vote to the prisoners

Professor Nicola Lacey recently gave evidence to the Joint Committee on the Voting Eligibility (Prisoners) Bill, making the case for extending the vote to the majority of prisoners. She argued that the denial of the franchise is a powerful symbol of the exclusion of prisoners from full membership of society, producing a stigmatising and alienating effect which outlasts the prison sentence, impeding social reintegration after release and hence implying significant costs not only for former offenders but for potential victims of crime – in other words, for all of us.

Profealso blogged about this question on democratic audit UK - read the article here.

18 October 2013

Visiting Fellow Simon Wong on pension funds, institutional investment and governance

Visiting Fellow Simon Wong recently sat down with Stephanie Baxter of Global Investor magazine to discuss pension fund reform, conflicts of interest in the asset management industry, and corporate governance/stewardship. The interview drew upon Wong's House of Commons testimony on the Kay Review of UK Equity Markets and Long-Term Decision Making. The Financial Times also recently published a letter from Simon Wong highlighting frequently overlooked factors that contribute to investment managers' herding tendencies.

Chaloka Beyani

15 October 2013

Beyani on UN mission to Serbia and Kosovo

Dr Chaloka Beyani, Senior Lecturer in the Law Department, undertook an official mission to Serbia and Kosovo last week (8-13 October 2013) in his capacity as UN Special Rapporteur on the Human Rights of Internally Displaced Persons to propose durable solutions for internally displaced persons. He met with the Prime Minister of Serbia and other Government officials, and with the Special Representative of the Secretary General as head of the United Nations Mission for Kosovo and authorities of the institutions of Kosovo. In September, Dr Beyani presented his report on Syria to the United Nations Human Rights Council in Geneva.

15 October 2013

Anti-corruption and the National Crime Agency

Visiting Professor Jonathan Fisher QC was recently quoted (10 October 2013) in the Financial Times commenting on the policy document published by the new National Crime Agency which addressed, among other things, the new strategy on fighting domestic and foreign corruption. With other agencies such as the Serious Fraud Office and the Financial Conduct Authority also taking an interest in disrupting corrupt practices, Jonathan said there is some concern here about the possibility of a turf war. “There’s a risk of a multiplicity of agencies and a serious risk that something will fall through the cracks”.

8 October 2013

NEW BOOK: The Law of Personal Property

Prof Michael Bridge, together with Prof Louise Gullifer, Prof Gerard McMeel and Prof Sarah Worthington, has just published  The Law of Personal Property (Sweet and Maxwell, 2013). This is a major work on a difficult and elusive subject that is profoundly important in modern commercial law. It deals with legal and equitable interests in personal property. The creation, loss and enforcement of those interests are discussed in great detail. Personal property, essentially everything that is not land, covers tangible items such as ships and books but also paper, such as bills of exchange and also intangible items, such as debts and intellectual property rights. Conflict of laws issues are also considered at length, along with security and insolvency aspects of personal property

7 October 2013

LSE Law Department ranked number seven in the world

The LSE Law Department is delighted to be recognised as the seventh best Law School in the world in the 2013 worldwide QS University Rankings. Full details of the law subject area rankings are available here.

3 October 2013

NEW BOOK: Choice-of-Court Agreements under the European and International Instruments

A new book by Emeritus Professor Trevor Hartley, Choice-of-Court Agreements under the European and International Instruments is published by Oxford University Press.

This is the first text to address all the instruments that will govern choice-of-court agreements in Europe and to engage in a practical discussion of their mutual relationship. The existing common law, which has dominated discussion of this subject for so long, will become less significant as European and international instruments become more widely applicable. The consequences of this, both for practitioners and business persons engaging in international transactions, are explained by thematic chapters covering all major issues affected.

The work opens with an introduction to the components of a choice-of-court agreement and to the origins, principles, and status of the various instruments, making the text accessible to a broad practitioner audience. The scope of the instruments - territorial application, international application and subject-matter application - as well as conflicts between them, are addressed in Part II, which is devoted to guidance on deciding which instrument applies. Validity (substantive and formal), effects, remedies, and procedure are discussed in Part III, while Part IV tackles a range of more specialist areas, including insurance, consumer contracts, employment contracts, companies, and intellectual property. Comprehensive appendices follow, including the Hague Convention 2005 in its entirety, alongside extracts from Brussels I and Lugano, making this a standalone support for any practitioner facing unfamiliar questions in the area.

Anne Barron

1 October 2013

Anne Barron discusses 'free-riding' on Radio 4

Anne Barron recently appeared as a panellist on The Philosopher’s Arms, a fun but serious BBC Radio Four series that foregrounds ‘the pub’ in ‘the public sphere’. Invited to discuss the theme of ‘free-riding’ with moral philosopher Roger Crisp, psychologist Stian Reimers, and Medecins Sans Frontieres’ Katy Athersuch, Barron said that the concept of the free-rider is misleading when used to brand everyone from file-sharers to generic drugs manufacturers as lazy intellectual property scroungers or nasty intellectual property pirates. In fact, intellectual commons – repositories of information products available for use without payment – are increasingly necessary to today’s knowledge economies, and wholly consistent with the core values of the new spirit of capitalism: openness, collaboration and sharing. Barron’s published research – notably her ‘Copyright Infringement, Free-Riding and the Lifeworld’ and her just-published ‘Free Software as Critical Social Practice’ - develops these themes in depth. The programme is available as a podcast here.

Philipp Paech

1 October 2013

Dr Paech briefs European Parliament ECON Committee on shadow banking

Dr Paech has recently submitted his opinion on legal issues relating to collateral assets and insolvency law that have arisen in the context of projected EU legislation addressing the shadow banking sector.

His analysis concludes that the special insolvency treatment of repos and securities lending, which makes possible close-out netting, should not be changed in principle. This discussion had been triggered by a recent policy paper published by the Financial Stability Board. Dr Paech advises instead that temporary suspension of these privileges might be a more viable way as they would respect risk management arrangements that are currently used throughout the entire market. Further, Dr Paech advises the European Parliament‘s ECON Committee to strengthen the law underlaying repos and securities lending so that cross-jurisdictional transactions become safer. He advises against the introduction of mandatory regulatory haircuts to collateral assets as they are no appropriate means to address the existing uncertainty.

Mike Redmayne

1 October 2013

Professor Redmayne on the 'super recogniser'

Professor Mike Redmayne was recently quoted in a Daily Mail on the metropolitan police's use of 'super recognisers' - a dedicated team of staff viewing CCTV footage, who reportedly identified 1,300 suspects in relation to the 2011 riots. Professor Redmayne questioned the future use of 'recognisers' as expert witnesses: '‘Unless we subject them to rigorous testing, then we are just taking their word on trust. Perhaps they can do what they say, but we don’t have the evidence yet. If it was up to me, I would not allow it in court.’

Jan Kleinheisterkamp

21 September 2013

Jan Kleinheisterkamp appointed to the UK Government Expert Group on Arbitration

Jan Kleinheisterkamp has been appointed as a member to the group of twelve experts advising the UK Government on arbitration policy. The informal pro-bono group has been created in September 2013 to advise the UK Government, and in particular the Department for Business, Innovation and Skills (BIS), which is responsible for developing UK policy relating to arbitration and its position in international negotiations, covering a broad range of issues from commercial to investment arbitration. Dr. Kleinheisterkamp is one of the few academic members of the expert group. He has in the past also advised the European Parliament on issues of investment arbitration in the EU context and has extensive experience as an arbitrator in the commercial field.

17 September 2013

Law and Financial Markets Project publishes new policy briefings

Law and Financial Markets Project publishes new Policy Briefings on criminalising reckless behaviour by bankers, and on the skewed incentives for bank managers created by the UK’s system of corporate law and governance.

Anthea Roberts

13 September 2013

Anthea Roberts elected to the Board of Editors of the American Journal of International Law

Anthea Roberts has been elected to the Board of Editors of the American Journal of International Law (AJIL). Anthea joins Professor Christine Chinkin on the Board, making the LSE the only non-American university to have two members of its faculty on the Editorial Board. Anthea is also a Member of the Scientific Advisory Board of the European Journal of International Law and the Board of Editors for the Journal of World Investment and Trade.

10 September 2013

Professor Linda Mulcahy - AcaLinda Mulcahydemician of the Academy of Social Sciences

Congratulations to Professor Linda Mulcahy  who has become an Academician of the Academy of Social Sciences.

The Academy of Social Sciences is the national Academy of academics, learned societies and practitioners in the social sciences. The award, conferred on 51 social scientists this year, recognises leaders in the field of social sciences, including law, social policy, politics, criminology and education.

6 September 2013

Professor Linda Mulcahy and Professor Leslie Moran: 'Judging Images'

Professor Linda Mulcahy (LSE) and Professor Leslie Moran (Birkbeck) have received an AHRC Grant to undertake a new research project, entitled 'Judging images: the making, management and consumption of judicial images.' Further details:

Public confidence in the legal system is more dependent than ever before on the media and is increasingly dominated by screen media and visual images. We are experiencing previously unimaginable levels of tele-visual literacy about justice and the courts in particular. Significant technological changes are also taking place in the mass media such as those that enable mass audiences to view factual and fictional representations of courts 24/7. The media are far from being the only stakeholders able to capitalise on technological developments. New opportunities to make images has also created a new breed of ‘citizen journalists’ who can produce subversive images and circulate them worldwide on portable devices within minutes of an event happening. The aim of this project is to explore how images of the judiciary are produced, managed and consumed. The image of the judge has long performed an important symbolic role in the legitimisation of legal systems and State sanctioned power. Scattered research suggests the production of judicial images in the English legal tradition has a complex history. Typologies range from mediaeval funeral monuments, painted portraits and 19th century ‘temples of justice’ to house the judiciary, to TV series and mobile phone videos uploaded onto YouTube. The audiences for these images include fellow judges, other lawyers, litigants, trial spectators, local elites and the general public. The ongoing significance of judicial images to political legitimacy is powerfully illustrated by debates about the ban on cameras in the courts and criticisms of the judiciary as appearing ‘out of touch’ and ‘out of date’ in their scarlet robes and full bottom wigs. While the production of images of the judiciary has never been the sole domain of the State the applicants argue that the credibility of official image production is increasingly under attack and that reactions to this phenomenon have been slow. This project grant will fund a series of international workshops in which these issues will be explored by judges, journalists, film makers, artists and academics working in the field of law and visual culture. It aims to facilitate the generation of a research network to enhance research capacity and invigorate interaction with image makers, image managers and image users.

3 September 2013

Professor Jonathan Fisher QC on criminal prosecution for corporate crime and tax evasion

The Guardian reports today on debate within government on adopting a tough US-style approach to corporate offending, quoting Visiting Professor Jonathan Fisher QC:

'Jonathan Fisher QC, a barrister specialising in financial crime, has been a long-standing proponent of reform, insisting that DPAs are unlikely to prove an effective tool without a credible threat of corporate prosecution. "If you put yourselves in the shoes of a company, the first thing you are going to ask yourselves in cases like these is: 'What are the chances of conviction'? If it is low, there is little point in engaging in discussions about a settlement."

Professor Fisher was also recently quoted in the Labour Party's policy review Tackling Serious Fraud and White Collar Crime, noting that the introduction of deferred prosecution agreements in corporate crime cases will not be successful unless the Government changes the basis on which companies can be held liable in criminal law.

In addition, Professor Fisher was quoted in The Times on 12 August on the HMRC crackdown on tax evasion, which has seen criminal prosecutions more than double in the last twelve months. Professor Fisher, a fraud specialist, noted that the CPS would have to bear the cost of prosecutions, and so criticism that the HMRC was targeting 'low-lying fruit' - middle-class professional and tradespeople rather than serious criminals - was perhaps justified. Such cases were easier to resolve than complex corporate or offshore tax evasion.
 

Emily Jackson19 August 2013

Professor Jackson on Dignitas arrest

Professor Emily Jackson, asked by the Guardian newspaper about the recent arrest of two individuals, planning to take a family member to the Dignitas assisted-suicide clinic in Switzerland, described the UK position as "a bit of a mess", noting "It's rather peculiar to have a criminal offence on our statute books but where it's actually quite straightforward to access assisted suicide provided you travel to Switzerland to do so. It's as though we're exporting assisted suicide. This also means it's not available to everybody – an assisted suicide at Dignitas is not cheap, and a dying person will also generally need to have friends or family who are willing to help."

Andrew Murray

5 August 2013

Professor Murray on Twitter trolls

Professor Andrew Murray was recently quoted on the Channel 4 News website, contributing to an article on policing misogynistic abuse on social networking sites.

Michael Bridge

23 July 2013

Professor Bridge elected Fellow of the British Academy

Congratulations to Professor Michael Bridge, who has been elected a Fellow of the British Academy. The British Academy is the UK’s national body which champions and supports the humanities and social sciences. The award of a Fellowship recognises outstanding academic achievement and research.

23 July 2013

Law Department supports Pathways to Law Programme

Seventy year 12 state school students from non-privileged backgrounds will attend a specialised law programme at the London School of Economics and Political Science (LSE) next year under phase III of the Pathways to Law programme.

LSE is one of 12 universities across the country selected to deliver the Sutton Trust’s flagship legal access programme for the next four years and only one of two based in London.

Pathways to Law aims to inspire and support bright state school students aged 17 and 18 who come from non- privileged backgrounds, who are interested in pursuing a career in law. LSE’s tailored programme will not only give students a taste of the academic teaching they would receive as undergraduate law students at the School, but will provide practical support for those wanting a career in law as well as visits to key legal institutions.

Helen Reece

22 July  2013

Helen Reece on rape myths and conviction rates

Helen Reece's recent research questions the widespread belief that 'rape myths' account for  low conviction rates. She summarises her findings in a blog for Oxford University Press.

11 July 2013

Law department staff receive teaching awards

Congratulations to Jacco Bomhoff, Jo Braithwaite, Pablo Ibáñez Colomo and Kai Moller, who have each received a Major Review Award, recognising an outstanding contribution to teaching within London School of Economics.

11 July 2013

Dr Beyani elected Chair of Coordinating Committee of the UN Special Procedures andChaloka Beyani Mandate Holders

Dr Chaloka Beyani, Senior Lecturer in Law, has been elected Chairperson of the Coordinating Committee of the UN Special Procedures and Mandate Holders and chaired the annual meeting of the UN Special Procedures and Mandate holders held in Vienna 24-28 June 2013. He presented the joint statement of the Special Procedures the High Level Expert Vienna +20 conference which commemorated the 20th anniversary of the Vienna Declaration and Programme of Action on Human Rights, which will feed into the post 2015 Development Agenda.

1 July 2013

Professor Murray and Dr Kleinheisterkamp join ICC Centre of Expertise panels

Professor Andrew Murray and Dr Jan Kleinheisterkamp have been appointed to expert panels of the ICC International Centre of Expertise to decide Limited Public Interest objections raised under the ICANN New gTLD Dispute Resolution Procedure. The Dispute Resolution Procedure is part of a comprehensive programme designed to protect the rights and interests of individuals or entities who oppose the registration of any domain name “strings” submitted for registration, as alternatives to the commonly known .com and .org extensions. Under the programme four categories of objection are permitted. 1. “String Confusion Objection” – whereby the character string comprising the potential gTLD is confusingly similar to an existing top-level domain or another string applied for in the same round of applications. 2. “Existing Legal Rights Objection” – an objection that the string comprising the potential new gTLD infringes the existing legal rights of others that are recognized or enforceable under generally accepted and internationally recognized principles of law. 3. “Limited Public Interest objections” – whereby proposed names are considered to be contrary to generally accepted legal norms relating to morality and public order, recognized under principles of international law, and 4. “Community objections”, a substantial opposition to the gTLD application from a significant portion of the community to which the string may be explicitly or implicitly tageted.

Professor Murray and Dr Kleinheisterkamp will, respectively, be hearing Limited Public Interest objections having been determined by ICANN and the ICC International Centre for Expertise as having met the required qualification of being an eminent jurists of international reputation. Full details of the new gTLD dispute resolution process may be found at:

http://www.iccwbo.org/products-and-services/arbitration-and-adr/expertise/introduction-to-icann-new-gtld-dispute-resolution/

Stephen Humphreys

28 June 2013

International Bar Appoints Stephen Humphreys to Climate Change Task Force

Stephen Humphreys has been appointed to the International Bar Association (IBA) Task Force on Climate Change Justice and Human Rights. The IBA is the world’s leading organisation of international legal practitioners, bar associations and law societies. It influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership of more than 35,000 individual lawyers and 198 bar associations and law societies spanning all continents.

This new task force is designed to ensure that the voice of the global legal profession is heard in debates on justice and human rights in the context of climate change, and to add to the urgency of the need for steps by governments to deal with this problem and the protection of the less privileged members of the community who are adversely affected. The task force will be co-chaired by David Estrin, Chair of the IBA Environment, Health and Safety Law Committee and Baroness Helena Kennedy QC, Chair of the IBA Human Rights Institute, and is due to deliver a report to the annual meeting of the IBA to be held in Tokyo in November 2014.
 

 

26 June 2013Andrew Murray

Professor Murray quoted on 'Snapchat'

Professor Andrew was quoted in a recent Metro feature about the popular Snapchat app, and the danger of its misuse for bullying or harassment.

19 June 2013Helen Reece

Helen Reece on 'positive parenting'

Helen Reece's article 'The pitfalls of positive parenting’ (2013 8 (1) Ethics and Education 42) has been extensively discussed in the national press. In the article Reece argues that contemporary official parenting advice about disciplining children can be boiled down to ‘Be nice’. She shows that ‘Be nice’ breaks down into the absence of punishment and the expansion of both positive reinforcement and leading by example. Reece then examines the ways in which such apparently innocuous advice could be damaging: "positive parenting is arduous if not impossible, thereby setting parents up to fail, and partly because of this onerousness, it is arguably destructive of the spontaneity of the parent–child relationship."

19 June 2013

Professors Black and Kershaw referred to extensively in the Final Report of the Parliamentary Commission on Banking Standards

Professors Black and Kershaw testimony was referred to extensively in the final report of the Parliamentary Commission on Banking Standards, ‘Changing Banking for Good’, which has been described by the British Bankers Association as “the most significant report into banking in a generation”.

14 June 2013

New Papers in the Working Paper Series

We are delighted to announce the second issue of the LSE Law Department's Law, Society and Economy Working Paper Series for 2013. 

In this issue, Dev Gangee (WP8/2013) traces the emergence of the brand as a new object of protection in European trade mark law; Robert Baldwin, Julia Black and Gerard O’Leary (WP9/2013) outline the challenges of regulating low risks and describe a framework for regulating low risks in environmental regulation in the UK and Ireland; Damian Chalmers (WP10/2013) explores the concept of sovereignty in the context of EU law and the Euro area crisis; Nicola Lacey and David Soskice (WP11/2013) analyse the relatively poor performance of the United States in criminal justice and related indices and forward an explanatory theory based on local governmental autonomy; Chris Thomas (WP12/2013) looks into the uses and abuses of the concept of legitimacy in the international legal sphere; Pablo Ibanez Colomo (WP13/2013) examines the relationship between the EU system of judicial remedies and the evolution of the EU law on abuses of dominance; Tatiana Flessas (WP14/2013) proposes a new theory regarding the increasing numbers of claims for repatriation of antiquities in museums; Jan Kleinheisterkamp (WP15/2013) takes the recent European Commission’s draft regulation on managing financial responsibility as the starting point to analyse the implications of future EU investment agreements for balancing public and private interests in EU law; Grégoire Webber (WP16/2013) challenges the weak conception of defeasible rights promoted by balancing and proportionality and argues that rights are conceptually interrelated to justice; Kai Möller (WP17/2013) contends that proportionality is not only compatible with but moreover necessitates the phenomenon that increasingly relatively trivial interests are protected as rights; Sivaramjani Thambisetty (WP18/2013) examines the implications of the institutional environment of the patent system on emerging technologies such as synthetic biology; and Antoine Vauchez (WP19/2013) explores the early history of the entanglement between law and European polity-building.

4 June 2013

LSE Department of Law ranked in top three of UK’s leading Law Schools

LSE Law Department was recently ranked third in the Times 2013 Good University Guide for Law, after Oxford and Cambridge. The full results can be obtained here: http://www.thetimes.co.uk/tto/public/gug/ (The Times subscription required).

This confirms the Department's continuing position amongst the UK's elite law schools, listed in University Guides, published by The Complete University Guide, The Times, and The Guardian. In the Complete University Guide and the Times University Guide, which both take account of the quality of University research, the LSE Law Department was ranked top for research quality.

Jo Braithwaite

6 June 2013

Dr Braithwaite wins Wedderburn Prize

Dr Jo Braithwaite has been awarded the Wedderburn Prize (jointly with Dr Kirsty Hughes, Cambridge ), awarded by the Modern Law Review.

Dr Braithwaite's article 'Standard Form Contracts as Transnational Law: Evidence from the Derivatives Markets' uses new research into the derivatives markets to develop our understanding of standard form contracts as transnational law and to show how transnational law theory may be usefully informed by empirical work.

The Wedderburn Prize is named in honour of Lord Wedderburn of Charlton, who served as General Editor of the Review from 1971 to 1988. It is awarded annually for a contribution to that year's volume which in the opinion of the Editorial Committee is exemplary of the type of scholarship that The Modern Law Review aims to promote. In awarding this Prize, the Committee pays particular attention to the work of authors who are at a relatively early stage of their careers.

The Modern Law Review was established in 1937 as a charity devoted to the promotion of legal education, the study of law and all other arts and sciences which may be of interest to those involved in the study or practice of law. MLR promotes these objectives by the publication of the law review and also by the organisation of lectures, seminars, scholarships and prizes that support legal education and scholarship.

5 June 2013Chaloka Beyani

Dr Beyani on Internally Displaced Persons in Syria

Dr Chaloka Beyani, Senior Lecturer in the Law Department, was invited last week Wednesday 29th May 2013 in his capacity as United Nations Special Rapporteur on the Human Rights of Internally Displaced Persons to address an emergency session of the United Nations Human Rights Council on the situation in Syria, on behalf of the Coordinating Committee of the Special Procedures of the Human Rights Council representing UN Special Rapporteurs, Independent Experts, and Working Groups. On Thursday 30th May 2013, Dr Beyani presented to the Human Rights Council a well-received report on the situation of internally displaced women. The statements and the reports can be found here:

30 May 2013

Dr Kleinheisterkamp gives new steer to EU investment policy

On 22 and 23 May, the Plenary of the European Parliament debated the impact of investment treaty arbitration on the EU’s regulatory powers and agreed that investor-state arbitration should not be used in trade agreements with partners who have sound judicial systems equivalent to European standards and that foreign investors should not be granted more rights than EU law offers also to European investors.  This debate and the amendments(3, 4 and 5) to the Commission’s proposal COM(2012) 335 for a regulation on financial responsibility linked to investor-state arbitration were sparked by a report to the EP Committee on International Trade (INTA) authored by Dr Jan Kleinheisterkamp, which, building on his previous work, highlights the need to define the outer limits of the liability of the EU in future investment agreements and discussed the available policy options. This matter becomes all the more important in the light of the free trade negotiations with Canada, the U.S., and China.

Chaloka Beyani23 May 2013

Dr Beyani to author UN report on internally displaced persons in Syria

In its Resolution A/67/L.63 adopted on 8th May 2013 on the situation in Syria, the United Nations General Assembly has requested the United Nations Special Rapporteur Dr Chaloka Beyani, Senior Lecturer in the Law Department, to , to submit a written report to the General Assembly, within 90 days on the very dire situation of internally displaced persons in the Syrian Arab Republic in terms of safety and their basic rights and livelihoods, and to provide recommendations with a view to meeting assistance and protection needs and' strengthening the effectiveness of the international response to displacement (para 21).

Damian Chalmers23 May 2013

Prof Chalmers on 'Democratic Self Government in Europe'

Professor Damian Chalmers considers alternatives that may emerge out of the current British crisis of confidence in the European Union in his new publication ‘Democratic Self-Government in Europe’ (Policy Network, 2013). In this, he argues that EU law will have significant legal effects within the United Kingdom whether it remains in the EU or not. Rather than thinking in in/out terms, it is preferable to think in terms of how to mediate its effects so that it will only enjoy authority where it augments the quality of democracy enjoyed within the United Kingdom. Securing its democratic authority would require the development of three new tests. An EU measure must enjoy relative democratic authority over other forms of law. It must be democratically responsive to both domestic and pan Union concerns. It must not violate central domestic democratic values. In this paper, he goes through the implications of these and how these could be institutionalised within the current Treaty framework.

1 May 2013 Emily Jackson

Prof Jackson on the rise of DIY-assisted conception

Professor Emily Jackson writes in the Guardian: 'We cannot know what the consequences will be of an increasingly DIY approach to healthcare. The opportunity for good, informed advice may be lost, as is the possibility of evidence-based regulation. Perhaps we need to persuade people of the advantages of talking through their options with a trained professional. If someone thinks that the internet is the best place to find a sperm donor, sex and relationships, education in the UK has not done a very good job. Regulated fertility provision in the UK may not be perfect, but it is undoubtedly better able to protect the interests of women and children than the wild west of DIY-assisted conception.'

Luke McDonagh

21 April 2013

Dr McDonagh on 'Patent Trolls'

Dr Luke McDonagh and his co-author, Dr Christian Helmers, have been cited in a submission made by Google, Blackberry, Earthlink and Red Hat to the US Federal Trade Commission and the US Department of Justice concerning the damaging effect that litigation undertaken by 'Patent Assertion Entities' (sometimes referred to as 'patent trolls') has on innovation. The submission made by the companies to the FTC/DOJ is publicly available here:

18 April 2013

Shareholder Empowerment and Bank Bailouts

Research on ‘Shareholder Empowerment and Bank Bailouts'  by David Kershaw and Edmund Schuster, together with FMG colleagues, Daniel Ferreira and Tom Kirchmaier, was recently discussed in the German Newspaper Wirtschafts Woche.

Guiliano Castellano

18 April 2013

Giuliano Castellano on Banking Union and Cyprus

Dr Giuliano Castellano was recently interviewed by a Chilean national newspaper on EU financial markets regulation, with particular emphasis on banking union and the Cyprus crisis.

27 March 2013Helen Reece

Rape myths not behind low conviction rate

Helen Reece's latest research - recently featured in The Guardian - questions the widespread belief that 'rape myths' account for  low conviction rates. Reece argues that judges, prosecutors, police and jurors are generally capable of putting prejudices aside when considering individual cases: "The claim that rape myths are widespread may be challenged on three grounds: first, some of the attitudes are not myths; secondly, not all the myths are about rape; thirdly, there is little evidence that the rape myths are widespread. To a troubling extent, we are in the process of creating myths about myths. This process functions to close down, not open up, the possibilities of a productive public conversation about important and at times vexed questions."

25 March 2013

NEW BOOK: Public Law – Text, Cases and Materials

A new book by Jo Murkens, together with Andrew Le Sueur and Maurice Sunkin,  provides students with a thought-provoking and detailed analysis of the core issues relevant to students studying public law setting them in their political context. Each chapter provides a clear textual account of the topics covered. The text is supported by an excellent range of extracts from a wide range of sources, such as academic writing and reports of parliamentary committees, as well as extracts from leading judgments.

18 March 2013

Baroness Hale in conversation with Prof Gearty

Baroness Hale, the most senior female judge in the UK, appeared at the LSE on Wednesday 13 March, in conversation with Professor Conor Gearty. On the repeal of the Human Rights Act, she said, 'I am quite sure that most of us – probably all of us – would regret it, because the opportunity for us, ourselves, to work out what is, and what is not, compatible with the European convention has brought great benefits to the law and to a great many people.' She also suggested that appointments to the Supreme Court should include some consideration of 'racial or gender balance'.

see The Guardian, The Daily Mail, The Daily Telegraph

12 March 2013

LSE Team Prepares for Vis Moot

The Law Department of the LSE hosted the London Vis pre-Moot on 4-5 March. The two-day event gathered 9 universities in preparation for the 20th Vis Arbitration Moot, which will take place in Vienna (Austria) on 21-29 March. Participants included the teams of King’s College London, University College of London, Oxford University, Queen Mary University of London, Nottingham University, Science Po University, University of São Paulo, Bocconi University of Milan and LSE. This was the third edition of the LSE pre-Moot and was extended this year to a two-day event that allowed increasing the number of UK and non-UK universities invited.
Each team conducted 7 mock hearings against other universities. Each pleading was arbitrated by a panel of three arbitrators, including practitioners, academics or team coaches. Arbitrators included professionals from leading arbitration firms and chambers such as Allen & Overy, Baker Botts, CMS Cameron McKenna, Essex Court, Freshfields, Herbert Smith Freehills, K&L Gates, Wilmer Hale, and 12 Gray’s Inn. The pre-Moot was organised by Manuel Penades, the coach of the LSE Team and class teacher on the arbitration course in the LLM, with the help of the two student coaches Corina Lefter and Monika Pacocha and the support of Dr. Jan Kleinheisterkamp as the academic supervisor of the Team. The members of the LSE Team for this year’s Vis Moot are Viviana Berkman, David Girard, Edward Machin, Omavuaye Mudiaga-Erhueh, Predee Pravichpaibul, and Natalie Wong. We wish them all the best for the upcoming competition in Vienna.
  

8 March 2013

Dr Paech named UNIDROIT Rapporteur

Philipp PaechDr Philipp Paech of the LSE Law Department was named Rapporteur to the intergovernmental conference on Principles for Close-out Netting held under the auspices of UNIDROIT in Rome in March 2013. In that function he will oversee the finalisation of a set of legislative principles that are designed to guide legislators planning to improve the legal framework for close-out netting, a commercial law technique important for the risk management of financial institutions. The volume of cross-border transactions in the financial markets makes these international principles necessary. Dr Paech has been a member of the UK Treasury’s delegation to UNIDROIT since the previous intergovernmental UNIDROIT conference in October.
 

5 March 2013

NEW BOOK: Liberty and Security

Professor Conor Gearty's new book Liberty and Security is published by Polity.

All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.

3 March 2013

NEW BOOK: Protection of the Right to Seek and Obtain Asylum Under the African Human Rights System

Dr Chaloka Beyani's new book Protection of the Right to Seek and Obtain Asylum Under the African Human Rights System is published by Martinus Nijhoff. The use of international human rights machinery to protect refugees has acquired an important dimension in recent years. This is true of both the United Nations treaty body system and the African, European and Inter-American regional systems of human rights. The result is a dynamic international invigoration of traditional refugee law that, in contradistinction, tends to be applied at the level of national courts and tribunals. Yet the precise role of human rights in the protection of refugees is sometimes viewed with suspicion and uncertainty. This Commentary provides a valuable insight into the use of human rights in the protection of refugees through the prism of the African Human Rights System.

Dr Beyani, in his role as Special Rapporteur on the rights of internally displaced persons, was also recently interviewed on UN radio about displacement related to elections in Kenya.

3 March 2013

NEW BOOK: Constitutional Nationalism and Legal Exclusion - Equality, Identity Politics and Democracy in Nepal (1990-2007)

Dr Mara Malagodi's new book, Constitutional Nationalism and Legal Exclusion - Equality, Identity Politics and Democracy in Nepal (1990-2007) is published by Oxford University. The book is a detailed case study of Nepal's post-1990 constitutional experience. It examines the complex relationship between law and politics, and emphasizes the role of cultural identity in making institutional choices relating to the framing and implementation of the Nepali Constitution. The volume also analyses the patterns of legal exclusion that resulted in the growing politicization of identity, the de-legitimization of the 1990 Constitution, and the current demand for state-restructuring based on ethnic federalism and group rights.
The author, tracing the evolution of Nepal from a constitutional monarchy to a republic, analyses the drafting of the 1990 Constitution, the impact of the Maoist insurgency (1996-2006) on demands for constitutional change, the relationship between conflict and demands for recognition, and the role of Nepal's Supreme Court in the articulation of identity politics.

26 February 2013

New Papers in the Working Paper Series

We are delighted to announce the first issue of the LSE Law Department's Law, Society and Economy Working Paper Series for 2013. 

In this issue, Thomas Poole (WP1/2013) critically explores the concept of ‘reason of state’, asking specifically whose reason and which reason is referred to; Arthur Dyevre (WP2/2013) uses insights from game theory and international relations to examine the role of domestic judicial non-compliance in the European Union; Jo Murkens (WP3/2013) discusses whether the European Union Act of 2011 is a compromised and failed statute; Kai Möller (WP4/2013) in the introductory chapter of his recently published book identifies the existence of a global model of constitutional rights and sets out the terminology and methodology on which the book is based; David Kershaw (WP5/2013) explores whether wrongdoer control remains an absolute condition to the bringing of derivative litigation in the UK; Sivaramjani Thambisetty (WP6/2013) investigates whether the requirement of disclosure in patent specifications continues to be reflected in common law jurisdictions; and Peter Ramsay (WP7/2013) argues that the European Court of Human Rights is wrong in holding that the UK ban on prisoners’ voting is not necessary in a democratic society and offers a democratic argument in favour of the ban.

26 February 2013

Simon Wong appears before House of Common Equity Markets Review

Visiting Fellow Simon Wong appeared before the House of Commons today to share this thoughts on the Kay Review of UK Equity Markets and Long-Term Decision Making. Simon, who has written extensively on institutional investors and the "investment chain", emphasized the need to reform pension fund structure and governance, revamp the performance metrics and incentives for investment managers to combat short-termism, and alleviate conflicts of interest in the investment industry.

26 February 2013

Dr Chaloka Beyani warns that Kenya must avoid a new internal displacement crisis

One week before the elections in Kenya, Dr Chaloka Beyani, LSE - also United Nations Special Rapporteur on the human rights of internally displaced persons - has called on the Kenyan GovernChaloka Beyaniment and the international community to significantly scale up efforts to prevent internal displacement in preparation for the elections due on Monday 4 March.
    “Instances of localized violence likely to result in the arbitrary displacement of persons in Kenya have steadily increased in the run up to the elections, although intervention by Government has helped to improve the situation,” Mr. Beyani said, recalling that internal displacement in the country has historically followed each election cycle since 1991/1992.
    This year’s elections are the first under the new 2010 Constitution, which introduced major political reforms after the 2007/2008 post-election violence. At the time, lack of preparedness during the post-election violence contributed to the country’s largest internal displacement crisis, with 600,000 Kenyans displaced in precarious and adverse living conditions.
     "I urge the Kenyan authorities this time around to strengthen the measures being led by national disaster and crisis management to prevent displacement, together with its national and international partners, and to intensify emergency preparedness and coordination efforts to that end,” the human rights expert stressed. “I particularly call upon donors to support such preparedness efforts, which are essential to save lives and ensure the safety and dignity of internally displaced persons in the possible event of displacement in the country.”

25 February 2013

'Rape trials must be completely open'

Helen Reece, Reader in Law, writes on Spiked on the dangers of granting anonymity to defendants accused of rape, concluding: 'If anonymity were extended to rape defendants there would be no logical reason for refusing anonymity to other defendants ... If we set off down this path, the criminal justice system could end up shrouded in mystery. THelen Reecehere is one certain way to combine these twin principles of open justice and equality - remove anonymity from rape complainants as well as defendants.' She was also quoted by the Independent (19/02/13).

25 February 2013

Welcome to Shimizu Visiting Professor William Bratton

A warm welcome to Shimizu Visiting Professor William Bratton, who is with the Department from 25 February to 8 March 2013. Professor Bratton is one of the leading US scholars of corporate law. He is of considerable international repute. His primary fields of research and teaching are Corporate Law, Securities Law and Accounting Regulation. Over a period of 20 years in the academy his work has brought together multiple interdisciplinary influences including critical legal studies and various branches of economic theory. Professor Bratton is currently Professor of Law at the University of Pennsylvania Law School, where he is also Director of their Law and Economics Center. Previously he was the Weidenbruch Professor of Business Law at Georgetown University. His web page is available at: http://www.law.upenn.edu/cf/faculty/wbratton/

20 February 2013

NEW BOOK: The International Sale of Goods

This neMichael Bridgew edition of the leading authority on international aspects of sale of goods by Professor Michael Bridge provides clear, comprehensive and detailed analysis of the subject. The unique dual coverage of contracts under English law and the CISG is a valuable benefit for those interested in all types of sale of goods contracts, including the sale of commodities such as grain and oil. The detailed commentary provides analysis on decided cases as well as on standard form contracts which represent evolving trade practice. In addition to matters of contract law, the book considers relevant property law, most notably addressing those issues arising out of the use of documents of title, such as marine bills of lading. The rights and duties of buyer and seller are explained in depth, and the relationship of sale contracts to other contracts, such as charter parties and letter of credit contracts, is rigorously examined. The book deals with issues of frustration and force majeure, the passing of property and risk, and remedies. New to this edition are three separate chapters on the UN Convention on the International Sale of Goods (CISG) covering formation, performance and remedies for non-performance of the contract.

18 February 2013

NEW BOOK: From Empire to Union: Conceptions of German Constitutional Law since 1871

Dr Jo rkens' new book From Empire to Union: Conceptions of German Constitutional Law since 1871 (Oxford University Press, 2013) examines the modern development of German constitutional thought by tracing the key public law concepts of state, constitution, sovereignty, and democracy from their modern emergence in the 19th century through to the present day. It analyses the constitutional relationship between Germany and the EU from a sociological and historical perspective, looking at how German constitutional law has conflicted and compromised with EU law, and the difficulties this has raised.

18 FebruEmily Jacksonary 2013

Professor Jackson on Liverpool Care Pathway review

Professor Emily Jackson will sit on the panel of an independent review of the Liverpool Care Pathway. The end of life care strategy was designed to ease the suffering of terminally ill patients, but became controversial when it was suggested that clinical decisions could be linked to financial incentives.  Members of the public are invited to share their experiences of LCP, both good and bad, as part of this independent review, chaired by Baroness Julia Neuberger.

18 February 2013

Panel discussion on Dr Moller’s The Global Model of Constitutional Rights at Oxford University

Dr Kai Möller (LSE), Professor Mattias Kumm (NYU and Humboldt University), and Dr George Letsas (UCL) participated in a panel discussion on Dr Moller’s new book The Global Model of Constitutional Rights (OUP 2012) at Oxford University on 15 February. The lively discussion touched upon a range of issues including the question of whether personal autonomy or human dignity ought to be regarded as the foundation of rights, the place of institutions as well as procedural and participation rights in a comprehensive theory of constitutional legitimacy, the relevance of the idea of justification, and the relationship between legal/doctrinal and philosophical theories of rights. The event was hosted by the Public Law Discussion Group at Oxford and chaired by Paolo Ronchi.

Hugh Collins

14 February 2013

Hugh Collins  elected to the Francqui Chair 2012-2013

Hugh Collins has been elected to the Francqui Chair 2012-2013. This prestigious chair is funded by the Francqui Foundation, which is named after Emile Francqui, a distinguished public servant in Belgium in the early twentieth century. During the first world war, Emile Francqui worked with the American government led by Herbert Hoover to bring food relief and other support to Belgium. After the war, Francqui led the task of reconstruction, during which he founded the National Science Foundation to revive universities and research. In 1932, Emile Francqui and Herbert Hoover together decided to set up a different foundation, which they entrusted with a large amount of money. The purpose of this foundation is "to further the development of higher education and scientific research in Belgium". It was Herbert Hoover who insisted that this foundation should bear the name of Emile Francqui in order to perpetuate the memory of someone who had done so much for his country and for science. The picture is of Hugh Collins giving his inaugural lecture in a series at the University of Leuven, dressed in the robes of the faculty. The title of the lecture was 'Why Europe Needs a Civil Code'.

29 January 2013

Professor Kershaw and Professor Moorhead (UCL) write in the Times about “Where were the lawyers when Lehman crashed?”

Professor Kershaw and Professor Moorhead (UCL) write in the Times about “Where were the lawyers when Lehman crashed?”. The article is available on the Time website here and also available in PDF here.

29 January 2013

David Kershaw and Edmund Schuster’s work on Shareholder Empowerment and Bank Bail outs reported in the Wall Street Journal

Work on Shareholder Empowerment and Bank Bailouts by the LSE’s Daniel Ferriera, David Kershaw, Tom Kirchmaier and Edmund Schuster was covered in the Wall Street Journal’s Heard on the Street on 22 December 2012. Having considered this paper the Wall Street Journal article concludes: “Since shareholders are the owners, one might conclude that it is their own business if they want to push a firm to take on risks that it is unable to tolerate. The problem with this view, especially when it comes to banks, is that when a firm gets into trouble a lot of people who aren't shareholders can get hurt. So the government steps in with a bailout, and taxpayers foot the bill. And of course if they believe there is a government backstop, investors may only encourage a bank to take on more risk. One can come up with many good reasons for shareholders exerting more influence on company boards. Hoping it would curb dangerous risk-taking may not be one of them.” The full article is available here and the paper Shareholder Empowerment and Bank Bailouts is available here.

29 January 2013

Professor Black and Professor Kershaw appeared before the Parliamentary Committee on Banking Standards on 17 January 2013

Professor Black and Professor Kershaw appeared before the Parliamentary Committee on Banking Standards on 17 January 2013. Professor Black and Professor Kershaw’s written submission to the commission is available here and a webcast of the session can be viewed here.

3 January 2013

Major conference on financial market regulation co-hosted by Professor Niamh Moloney of the Law and Financial Markets Project

On 29-30 November 2012, a two-day conference on New Legal Thinking in Financial Regulation, co-organized by Professor Niamh Moloney of the Law Department's Law and Financial Markets Project and Professor Eilís Ferran of the Centre for Corporate and Commercial Law Cambridge, was held at Cambridge University. The conference was financially supported by the Cambridge University JM Keynes Fellowship Fund, the Cambridge Endowment for Research in Finance, the LSE Law Department’s Law and Financial Markets Project and Herbert Smith Freehills LLP. The conference, which also celebrated the publication of The Regulatory Aftermath of the Global Financial Crisis (CUP, 2012) by Eilís Ferran, Niamh Moloney, Jennifer Hill and John Coffee, Jr., considered new and emerging issues in financial regulation.

A report on the conference can be found here.