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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 held that the Crow Tribe’s treaty hunting rights did not expire when Wyoming became a state.

(2) The US Supreme Court ruled that a trademark may survive a debtor’s rejection in bankruptcy.

(3) The Constitutional Court of Germany ruled that the ban on broadcasting the Neo-Nazi Party campaing advertisement infringes the right to campaign.

(4) The Thai Constitutional Court is set to decide a case against a political leader regarding media shareholdings violations.

(5) The General Court of the EU rejected an action for compensation against the European Central Bank (ECB) by private investors.

In the News

(1) The Parliament of Taiwan approved a bill legalizing same sex-marriage in the country.

(2) The US administration announced an immigration and border reform proposal.

(3) The lower house of the Irish Parliament rejected a proposal to call a referendum on recognizing the right to housing as a constitutional right.

(4) The Senegalese President ratified a constitutional law abolishing the post of prime minister.

(5) Speaker of the National Assembly of Zimbabwe vowed to renew parliamentary gender quotas.

(6) The US House of Representatives passed the Equality Act that prohibits discrimination on the basis of sexual orientation.

New Scholarship

(1) Oona A. Hathaway, A Comparative Foreign Relations Law Agenda: Opportunities and Challenges (2019) (arguing how best to carry out a more comprehensive examination of differences between states in the law governing their engagement in the world around them)

(2) Cheng-Yi Huang, Frozen Trials: Political Victims and Their Quest for Justice in Taiwan, in Jerome A. Cohen, William P. Alford, Chang-fa Lo (eds.), Taiwan and International Human Rights: A Story of Transformation (forthcoming 2019) (analyzing the critical shortcomings and potential benefits of Taiwan’s model of transitional justice)

(3) Vincenzo Zeno-Zencovich, Comparative Legal Systems: A Short and Illustrated Introduction, 5 L’Unità del diritto (2019) (providing an introduction to comparative law and comparative legal systems)

(4) Monika Zalnieriute, Lyria Bennett Moses and George Williams, The Rule of Law and Automation of Government Decision‐Making, 82 The Modern Law Review (2019) (exploring the tension between the rule of law and rapid technological change and concludes with observations on how the automation of government decision‐making can both enhance and detract from rule of law values)

(5) John Vlahoplus, Evaluating Originalism: Commerce and Emoluments, St. John’s Law Review (forthcoming 2019) (examining originalism and notable originalist interpretations of the Constitution’s Commerce and Emoluments Clauses in light of the novel and traditional English interpretive methods)

(6) Khaled Beydoun and Cyra Akila Choudhury, Islamophobia and the Law: Introduction, in Cyra Akila Choudhury & Khaled A. Beydoun, Islamophobia and the Law (forthcoming 2019) (providing a brief history of the rise of the concept of Islamophobia and legal definition for it)

(7) Nupur Chowdhury, Privacy and Citizenship in India, 11 NUJS Law Review (2018) (conceptualizing the relationship between state-citizen-intermediaries into relationship typologies in order to better appreciate the cumulative impact of these relationships and also help understand the commissions and omissions of the State in relation to data protection)

(8) Kevin Crow, International Law and Corporate Participation in Times of Armed Conflict, 37 Berkeley Journal of International Law (2019) (exploring the overlapping conceptions of “international legal personhood” in international criminal law and international investment law in light of the December 2016 ICSID Award in Urbaser v. Argentina)

(9) Han-Ru Zhou, The Continuing Significance of Dr Bonham’s Case, in Paul Daly (ed.), Apex Courts and the Common Law (2019) (re-examining the historical—or historically assumed—relationship between Dr Bonham’s Case and modern judicial review of legislation)

Calls for Papers and Announcements

(1) The European Society of International Law (ESIL) organizes its second joint symposium in collaboration with the Court of Justice of the European Union. The symposium will be held in Luxembourg, on June 14, 2019, on the theme “Adjudicating the International Responsibility of the EU.”

(2) The University of Utrecht invites application to three of its 2019 International Law Summer Courses.

(3) The Faculty of Legal and Social Sciences, the Law Program of the University of Caldas, the Advisory Committee of the Colombia Chapter of ICON-S and the Organizing Committee of the II ICON-S Colombia Seminar call for proposals for a seminar on the Colombia Chapter of the International Society of Public Law ICON-S.

(4) The Indian Review of Corporate and Commercial Laws (IRCCL) invites submissions for its upcoming issue.

(5) The Indian Journal of Constitutional Studies invites submissions for its upcoming volume.

(6) The American Journal of Legal History invites applications for the position of  a new co-Editor-in-Chief.

(7) The Italian Journal of Public Law (IJPL) organizes a symposium on the theme “The Rule of Law,” to be held on May 30-31, 2019, at the University of Milan.

Elsewhere online

(1) Adam Liptak, Keith Whittington, and Jeffrey Rosen, Are we in a Constitutional Crisis?, Constitution Center

(2) Jedediah Britton-Purdy, A Trumpist Constitution?, Dissent

(3) Robert Natelson, The Supreme Court Just Applied Originalism to an 1855 Treaty, So Why Not to the Constitution?, The Daily Caller

(4) Brian Christopher Jones, How the US Constitution Failed to Restrain Donald Trump, The Conversation

(5) Julie Zerbo, The Supreme Court’s Decision in Mission Product Holdings is Significant for the Bankruptcy-Prone Fashion Industry, The Fashion Law

(6) David R. Cameron, With Tory voters defecting in droves to Brexit party and time running out on her leadership, Theresa May proposes “new Brexit deal” before one last vote, Yale MacMillan Center

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Published on May 27, 2019
Author:          Filed under: Developments
 

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