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What’s New in Public Law

–Mohamed Abdelaal, Assistant Professor, Alexandria University Faculty of Law

In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email contact.iconnect@gmail.com.

Developments in Constitutional Courts

(1) The US Supreme Court denied a request by the Trump administration to enforce new asylum rules.

(2) The Palestinian Constitutional Court to dissolve Legislative Council.

(3) The Turkish Constitutional Court ruled that the headscarf ban violates student’s right of education and freedom of religion.

(4) The French Conseil d’Etat ordered the review of Afghan interpreter’s asylum request.

In the News

(1) The UK announces January vote on Brexit agreement.

(2) Poland reinstates Supreme Court judges who were forced into early retirement.

(3) Cuban lawmakers unanimously approved a new constitutional draft.

(4) In Russia, the parliament is considering amending the constitution.

(5) In Sudan, violent protests erupted in response to the country’s economic crisis.

(6) Former Pakistan prime minister has been sentenced to 7 years in prison for corruption.

(7) Nepalese government proposes constitutional amendments.

New Scholarship

(1) Mark Fathi Massoud, How an Islamic State Rejected Islamic Law, 66 The American Journal of Comparative Law (2018) (answering the question of why Muslim political elites first rejected Islamic law, rather than enacted it, as the basis of the legal system).

(2) Christopher R. Green, Justice Gorsuch and Moral Reality, Alabama Law Review (forthcoming) (considering what Justice Gorsuch’s first year-and-a-half on the Court tell us about his understanding of the relationship between interpretation and moral considerations).

(3) Mikayla Novak, Constitutional Catallaxy and Indigenous Rights: The Australian Case (2018) (analyzing certain theoretical presumptions surrounding the development and maintenance of a political constitution).

(4) Joseph D’Agostino, Against Imperialism in Legal Concepts, 7 UNH L Rev 67 (2018) (arguing for translating non-essentialist concepts into essentialist ones while still using the former’s theory forms).

(5) John Mark Keyes, Rethinking Judicial Review of Delegated Legislation (2018) (arguing that the standard of review analysis should be applied to the review of all forms of delegated legislation and that, which the standard of reasonableness is usually appropriate, there are situations justifying correctness).

(6) Ryan Doerfler, Can a Statute Have More Than One Meaning?, 94 NYU L Rev (2019) (discussing the odds of the variation of the statutory language means from case to case).

(7) Adam Mossoff, Statutes, Common-Law Rights, and the Mistaken Classification of Patents as Public Rights, Iowa L Rev (Forthcoming) (surveying these well-known sources of property rights in both statutes and judicial decisions, revealing that conflating “common law” with private property rights is more legal myth than historical fact.)

(8) Coel Kirkby, Law Evolves: The Uses of Primitive Law in Anglo-American Concepts of Modern Law, 1861-1961, American Journal of Legal History (2018, Forthcoming) (examining how Anglo-American legal thinkers used primitive law to develop their concepts of modern law in the century from Austin to Hart as well as the development of legal anthropology as a distinct discipline combining the scientific method of participant observation with the legal method of the case study).

(9) Yahli Shereshevsky, Back in The Game: International Humanitarian Law-Making by States, Berkeley Journal of International Law (Forthcoming) (providing an analysis to the recent tendency of states to use unilateral, non-binding, lawmaking initiatives in the context of international humanitarian law).

Calls for Papers and Announcements

(1) Elon Law Review invites submissions for a symposium exploring how our High Court is affected by the circumstances of contemporary America. The symposium will be held on September 27, 2019, at Elon University School of Law in Greensboro, North Carolina.

(2) The NUSRL Journal for Constitutional Law & Governance welcomes submissions for its new volume.

(3) A call for proposals has been issued for the seventh biennial conference on Applied Legal Storytelling to be hosted by the University of Colorado School of Law, University of Denver Sturm College of Law, and University of Wyoming School of Law, and coordinated by the Rocky Mountain Legal Writing Scholarship Group in Boulder, Colorado, July 9–11 2019.

(4) The Government Law College, Kozhikode is organizing a three day International Seminar on International Legal Norms on Terrorism & Counter Terrorism: Promises, Experiences and Challenges from 27th to 29th January, 2019, at the college premises in Kozhikode, Kerala, India.

(5) NLIU Law Review in collaboration with India Foundation is conducting the NLIU – India Foundation Constitutional Law Symposium on March 16-17, 2019.

Elsewhere Online

(1) Discriminating against migrants isn’t just unconstitutional, it’s also bad politics, The Times of India

(2) Beyond the backstop: understanding Unionist sentiment in the Brexit debate, Centre on Constitutional Change

(3) Aileen McHarg, The Scottish Continuity Bill Reference, Centre on Constitutional Change

(4) Daoud Kuttab, What is the motive behind dissolving Palestinian legislature?, The Jordan Times

(5) Letter: Why is it so hard to amend Caribbean constitutions?

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Published on December 31, 2018
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