What’s New in Public Law

–Angélique Devaux, Cheuvreux Notaires, Paris, France, Diplômée notaire, LL.M. Indiana University Robert H. McKinney School 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 Constitutional Court of Moldova ruled that there is no competition between the President and the Parliament in Defense Policy.
2. Sri Lanka’s Supreme Court ruled that President Maithripala Sirisena’s order to dissolve Parliament and hold new elections was unconstitutional.
3. The Supreme Court of the United States refused to allow Trump administration to immediately enforce its new policy of denying asylum of migrants who illegally cross the Mexican borders
4. A federal judge in Texas ruled Obamacare unconstitutional.
5. Ontario Court ruled law of Bangladesh applies to Rana Plaza Collapse Claim.
6. Turkey’s Constitutional Court ruled university headscarf ban violated student’s right to education

In the News

1. Indiana’s Attorney General filed a brief asking the United States Supreme Court to uphold the constitutionality of Indiana abortion law of 2016.
2. Missouri is moving to legalize medical marijuana.
3. The Cuban Assembly approved draft of new constitution.
4. President Donald Trump signed criminal justice reform into law.
5. Georgia’s new constitution, originally adopted in 2017, has now come into force.

New Scholarship

1. Nikolaos A. Davrados, Louisiana My Home Sweet Home : Decodifying Domicile, 64 Loy. L. Rev. 287 (2018) (exploring the notion and functions of domicile of natural persons in Louisiana and in a comparative perspective)
2. Ole W. Pedersen, Environmental Law and Constitutional and Public Law, Jorge Vinuales and Emma Lees (eds), Oxford Handbook on Comparative Environmental Law (OUP 2019) (examining the relationship between environmental law and public law)
3. Joel K. Goldstein, Teaching The Transformative Fourteenth Amendment, 62 Saint Louis University Law Journal (2018) (Explaining the Fourteenth Amendment)
4. Rivka Weill, The Strategic Commonlaw Court of Aharon Barak and Its Aftermath : On Judicially-led Constitutional Revolutions and Democratic Backsliding, Journal of Law & Ethics of Human Rights (2019) (explaining the tactics and strategy used by Barak to revolutionize Israeli constitutional law)
5. Emmett Macfarlane, Policy Change, Courts, and the Canadian Constitution (University of Toronto Press 2018) (aiming to further our understanding of judicial policy impact and the role of the courts in shaping policy change)
6. Michael Hein, Entrenchment Clauses in the History of Modern Constitutionalism, 86 Legal History Review (examining the origins, differentiation, and migration of constitutional entrenchment clauses from the beginning of modern constitutionalism until today)
7. Sharon Yadin, Regulatory Shaming, 49 Environmental Law (forthcoming 2019) (exploring shaming by administrative agencies from a normative perspective and suggesting that shaming can be a legitimate, efficient, and democratic regulatory approach, and general considerations for utilizing shaming tactics)

Calls for Papers and Announcements

1. The American Society of Comparative Law – Younger Comparativists Committee calls for papers for its 8th Global Conference to be held in Montreal, Canada on May 10-11, 2019.
2. The Commonwealth Law Conference will host a conference in Livingstone, Zambia from April 8th to 12th, 2019. The theme of this 21st Commonwealth Law Conference is “The Rule of Law in Retreat? Challenges for the Modern Commonwealth.”
3. The Central European University in collaboration with the International IDEA, Friedrich Ebert Stifung and the African Network of Constitutional Lawyers call for applications for its summer programme on Consitution-Building in Africa.
4. The Bonavero Institute of Human Rights calls for papers for a workshop for early career-researchers on the topic of Political Parties, Partisanship, and the Constitution, with the generous support of the Programme for the Foundations of Law and Constitutional Government to be held on March 14-15, 2019 in Oxford, United Kingdom.
5. The University of Verona calls for papers for a conference on “Islands and Remoteness in Geography, Law, and Fiction” to be held in Verona, Italy of November 22-23, 2019.
6. The Department of Constitutional Law and Political Sciences, Faculty of Law and Political Sciences, Széchenyi István University calls for application for its Winter Seminar 2019 on European Values vs Central European Realities.
7. The International Academy of Comparative Law calls for papers for a conference to be held in Paris, France in 2019.
8. The European Jounal of International Law calls for papers for its 30th Anniversary Symposium.
9. OxonCourts, an interdisciplinary group of early career researchers at the University of Oxford, organises its first annual “Judicial Studies Graduate Colloquium,” to be held at Wolfson College, on March 1, 2019. The deadline for submission of abstracts is January 11, 2018. Doctoral students from all disciplines, who research courts are invited to apply.
10. IE University has an opening for a position in Comparative Public Law.

Elsewhere Online

1. Stephen Wermiel, SCOTUS for Law Students : President George H. W. Bush’s Supreme Court legacy, SCOTUSblog
2. Lyle Denniston, All sides agree that Obamacare is Safe – For Now, Constitution Daily
3. Oliver Garner, Ruvi Ziegler, Mark Lazarowicz, Dora Kostakopoulou, Mini Symposium : EU Citizenship in the shadow of Brexit : Introduction, Part I, Part II, Part III and Part IV, European Law Blog
4. Claire R. Thomas, Distracting from the Actual Crisis : The Proposed Asylum Ban, Verfassungblog on Constitutional Matters
5. David A. Andelman, Commentary : Congo election shows flaws in Trump’s Africa Strategy, Reuters