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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) In Palestine, the Supreme Court found a doctors’ strike illegal and an abuse of power.

(2) The Russian Constitutional Court upheld the constitutionality of a 2016 regulation, which requires sports teachers to participate in a mandatory training class without being compensated for it.

(3) The U.S. Supreme Court has set aside a verdict that said lawyers are required to pay an annual membership just to practice in a state.

(4) Chile’s Constitutional Court upheld measures tightening the requirements for human rights violators to get parole.

(5) In Turkey, an administrative court has ruled against a decision made by the State of Emergency Procedures Investigation Commission formed to investigate Turkey’s state of emergency measures.

In the News

(1) Thai parliament passed a bill legalizing medical cannabis and kratom.

(2) The Kuwaiti National Assembly’s interior and defense committee rejects citizenship for non-Muslims.

(3) The Guyana cabinet establishes advisory group after a no-confidence vote.

(4) In Israel, the government is pushing to reduce the electoral threshold.

(5) In Vietnam, a new controversial cybersecurity law took effect.

(6) According to the Irish Domestic Violence Act 2018, psychological or emotional abuse is now a criminal offence.

New Scholarship

(1) Nikos Skoutaris, Reflecting and Building Asymmetries: The Role of (Sub-) Constitutional Statutes in Spain and the UK, in Richard Albert & Joel Colon-Rios (eds.), Quasi-Constitutionality and Constitutional Statutes: Forms, Functions, Applications (Routledge, forthcoming 2019).

(2) Jason A. Cade, Judicial Review of Disproportionate (or Retaliatory) Deportation, 75 Washington & Lee L. Rev. 1427 (2018) (analyzing notable federal court opinions considering challenges to Trump administration deportation decisions).

(3) Dwight G. Newman, Arguing Indigenous Rights Outside Section 35: Can Religious Freedom Ground Indigenous Land Rights, and What Else Lies Ahead?, in Tom Isaac, ed., Key Developments in Aboriginal Law (ThomsonReuters, 2018) (examining why Indigenous communities might wish to argue land issues grounded in religious freedom).

(4) Adeel Hussain, Muhammad Iqbal’s Constitutionalism, 2 Indian L. Rev. (2018) (addressing debates on Islamic constitutionalism, conceptual counter-geographies of international law, and the intellectual history of Pakistan and India’s Constitutions).

(5) Jakub Vojtěch, The EU Framework for Islamic Securitisation and Sukuk in the Times of Brexit (2018) (defining the notion of Sukuk and Islamic Securitisation and focusing on the relevant European Union legislation in force today and in the future).

(6) Nelson Lund, The Constitutionality of Immigration Sanctuaries and Anti-Sanctuaries: Originalism, Current Doctrine, and a Second-Best Alternative, University of Pennsylvania Journal of Constitutional Law, forthcoming (providing a critical analysis of the US Supreme Court’s immigration jurisprudence).

(7) Colleen V. Chien, Policy Pilots: Experimentation in the Administration of the Law, Iowa L. Rev., forthcoming (proposing that policy problem solvers frame their suggestions in terms of experiments to try, not just policies to enact).

(8) Björn Dressel and Tomoo Inoue, Megapolitical Cases before the Constitutional Court of Indonesia since 2004: An Empirical Study, 4 Const. Rev. (2018) (providing a critical analysis to the decisions of the Indonesian Constitutional Court over the period 2003-2018).

Call for Papers and Announcements

(1) The International Courts and Tribunals Interest Group (ICTIG) of the American Society of International Law (ASIL) is pleased to announce a call for papers.  ICTIG will be holding a Works-in-Progress Conference at the John Marshall Law School in Chicago on Friday, January 25, 2019.

(2) Article submissions are requested for issue 61 of the Forced Migration Review. This issue will have a focus on Ethics and Displacement and will be published in June 2019.

(3) The University of Miami School of Law and the University of Miami International & Comparative Law Review will host the Second International and Comparative Insolvency Law Symposium.

(4) The Institute of International and European Law will host the European Society of International Law’s annual Research Forum under the theme of “The Rule of Law in International and Domestic Contexts: Synergies and Challenges”.

(5) The University of Illinois College of Law, the University of Bologna School of Law, and Johns Hopkins Center for Constitutional Studies and Democratic Development invite paper proposals for the Fourth Illinois-Bologna conference on Constitutional History: Comparative Perspectives. The conference will be held in Chicago on April 29 & 30, 2019.

Elsewhere online

(1) Stephen Kafeero, Uganda: 5 Years Later, Case Against Public Order Law Not Heard, All Africa

(2) Year in review: How Romania has changed in 2018, Romania Insider

(3) Peter Schey, The Stupidest Government Shutdown, Immigration Prof Blog

(4) Is Immigration Law Administrative Law?, Immigration Prof Blog

(5) Michael Ramsey, Can the President Be Indicted?, The Originalism Blog

(6) John Yoo and James C. Phillips, ‘Free Speech’ Means Just That, National Review

(7) CMS Albiñana and Suárez de Lezo, The new Constitutional Law on the Protection of Personal Data and Guarantee of Digital Rights, Lexology

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Published on January 7, 2019
Author:          Filed under: Developments
 

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