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What’s New in Public Law


Chiara Graziani, Research Fellow in Constitutional Law, University of Genoa (Italy) and Academic Fellow, Bocconi University (Italy)


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 European Court of Justice invalidated Decision 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield.
  2. The European Court of Human Rights ruled an asylum seeker’s case against a return to Afghanistan inadmissible.
  3. The German Federal Constitutional Court upheld a complaint against discrimination based on parentage in the context of restoring citizenship.
  4. The Ukraine Constitutional Court declared unconstitutional a criminal code provision concerning judges’ liability.
  5. The Supreme Court of the United Kingdom ruled on the compatibility of police covert operations aimed at hunting child molesters with the right to private life and correspondence.

In the News

  1. The President of Mali announced the dissolution of the Constitutional Court.
  2. The U.S. Homeland Security Department announced it would extend restrictions on non-essential travel at U.S. land borders with Canada and Mexico through August 20, 2020.
  3. A Canadian federal court recommended an external review of the Canadian Security Intelligence Service.
  4. Two members of the Catalan independence movement whose mobile phones were targeted with spyware announced they will take legal action against the former head of the Spanish national intelligence center.
  5. The US President, Donald Trump, will further challenge the Manhattan district attorney’s subpoena for his financial records after the Supreme Court decides on his financial records.

New Scholarship

  1. K. Ewing, J. Mahoney, A. Moretta, MI5, the Cold War, and the Rule of Law (2020) (analyzing the evolution of MI5’s mandate during the Cold War, its surveillance targets, and what it did with the information it gathered)
  2. T. Marzal, From World Actor to Local Community: Territoriality and the Scope of Application of EU Law, in L. Azoulai (ed.), European Union Law and Forms of Life. Madness or Malaise? (2020) (offering a new interpretation of the territoriality of EU law)
  3. C.M. Flood, V. MacDonnell, J. Philpott, S. Thériault, S. Venkatapuram (eds.), Vulnerable: The Law, Policy and Ethics of COVID-19 (2020) (addressing vulnerabilities and interconnectedness made visible by the pandemic and its consequences, along with the legal, ethical and policy responses)
  4. D. Pozen, K.L. Scheppele, Executive Underreach, in Pandemics and Otherwise, American Journal of International Law (forthcoming 2020) (examining executive branches’ role in times of emergency)
  5. M.A. Restrepo Medina, Interculturalidad, protección de la naturaleza y construcción de paz (2020) (addressing the relationship between the need to protect nature and interculturality)
  6. A. Vedaschi, L. Cuocolo (eds.), L’emergenza sanitaria nel diritto comparato: il caso del Covid-19, DPCE Online (2020) (providing a comparative study of legal reactions to tackle Covid-19 and discussing major public law issues arising the refrom)

Calls for Papers and Announcements

  1. The Human Rights Center of the University of Minnesota Law School will host the webinar “The Use of Biometric Data to Identify Terrorists: Best Practice or Risky Business?” on July 22, 2020.
  2. Notre Dame Law School’s Program on IP & Technology Law and the AI Society Project at the Università di Padova will hold a virtual event on “The Role of Law, Norms, and Technology in Contact Tracing”, to be live-streamed on the AI Society website on July 22, 2020.
  3. The British Institute of International and Comparative Law will host the webinar “Artificial Intelligence, Big Data and the Law: Reimagining the New Roots of Environmental Law” on July 23-24, 2020.
  4. The Internet and Computer Law Section of the American Association of Law Schools (AALS) invites paper submission for its session on “Deep Surveillance” to be held during the AALS 2021 Annual Meeting. Submissions are due by August 14, 2020.
  5. Notre Dame Law School’s Program on IP & Technology Law announces a virtual event co-hosted with Twitter on “The Future of Privacy from Ireland to America”, to be held on August 27, 2020.
  6. The Socio-Legal Review welcomes the submission of articles for its seventeenth volume as well as for the Socio-Legal Review Forum. The deadline is September 15, 2020.
  7. The International Review of Human Rights Law invites submissions for its forthcoming issue. The deadline to send manuscripts is September 29, 2020.
  8. The National Law School of India Review invites contributions for its forthcoming issue. The deadline for submissions is October 30, 2020.
  9. A new research group on “Public Law Responses to Public Health Emergencies” was established within the International Association of Constitutional Law.

Elsewhere Online

  1. B. Ackerman, O Brasil precisa de nova Constituição, Correio Braziliense
  2. R. Booth, A dark cloud or the promise of rain: Section 25 and the fate of land restitution in South Africa, AfricLaw
  3. D.R. Cameron, After a busy week in the EU, all eyes turn to Friday’s European Council meeting, Yale MacMillan Center
  4. D. Sarmiento, A conversation with Professor Wojciech Sadurski on the Rule of Law crisis in Poland, EU Law Live
  5. A. Jakab, Moral Dilemmas of Teaching Constitutional Law in an Autocratizing Country, Verfassungsblog
  6. Y. Joshi, Does Transitional Justice Belong in the United States?, Just Security
  7. M. Kende and D. Lithwick, The Supreme Court Still Refuses to Acknowledge Systemic Racism, Slate
  8. J.R. Murphy, The Palace Letters Case: Constitutional Conventions and the Confidentiality of Royal Correspondence in the Commonwealth Realms, UKCLA Blog
  9. E. M. Rashwan, Egypt Under COVID-19: Normalizing Emergency, IACL-AIDC Blog
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Published on July 20, 2020
Author:          Filed under: Developments
 

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