What’s New in Public Law

—Chiara Graziani, Research Fellow in Comparative Public Law, University of Milan-Bicocca (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 iconnecteditors@gmail.com.

Developments in Constitutional Courts

1. The US Supreme Court will hear an appeal of Maine parents seeking to have the state pay for religious schools.
2. The US Supreme Court will hear arguments from two Arizona death row inmates.
3. The German Constitutional Court ruled that “emergency brake” measures were not unconstitutional.
4. The Slovenian Constitutional Court held that mandatory vaccination for public sector employees is unconstitutional.
5. The Albanian Constitutional Court will review the dismissal of President Ilir Meta.

In the News

1. The Council of the European Union agreed on a Commission proposal for an EU law adequate minimum wages in the EU.
2. EU and US authorities launched the EU-US Joint Technology Competition Policy Dialogue to foster cooperation in competition policy and enforcement in the technology sector.
3. The Spanish Congress of Deputies passed a new law recognizing animals as “sentient beings”.
4. In Australia, new legislation is being discussed proposing to regulate cryptocurrency.
5. The Governor of Hawaii declared a state of emergency due to a seasonal cyclone.

New Scholarship

1. Simon Chesterman, Through a Glass, Darkly: Artificial Intelligence and the Problem of Opacity, 69 The American Journal of Comparative Law (2021) (discussing three regulatory challenges arising from opacity in artificial intelligence).
2. Ester Herlin-Karnell, Republican Theory and the EU: Emergency Laws and Constitutional Challenges, Jus Cogens (2021) (examining the connection between non-domination theory and the EU constitutional structure in the context of emergency laws).
3. Mohammad Ibrahim, Indonesia’s Supreme Court Judgment on Religious Clothing: Failing Women and Girls in Public Schools? 10 Oxford Journal of Law and Religion (2021) (arguing that the Indonesian Court failed to address the encroachment of women and girls’ rights resulting from policies that pressure and mandate women and girls to wear a hijab in public schools).
4. Matthias C. Ketteman, Konrad Lachmayer, Pandemocracy in Europe. Power, Parliaments and People in Times of COVID-19 (Hart Publishing, forthcoming 2021) (setting the theoretical stage and answers the democratic questions engaged by health emergencies, taking responses to COVID-19 in seven countries as case-studies).
5. Ignatius Yordan Nugraha, Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua, 22 Asia-Pacific Journal on Human Rights and the Law (2021) (examining the Noken system in Papua, which reflects an uneasy clash between a legal pluralist approach and universal human rights).
6. Marie-Claire Ponthoreau, Droit(s) constitutionnel(s) comparé(s), 2^nd ed. (Éditions Economica, 2021) (addressing recurring questions of comparative legal studies).
7. Diletta Tega, The Italian Constitutional Court in its Context: A Narrative, 17 European Constitutional Law Review (2021) (discussing how the Italian Constitutional Court adapts its case law and doctrines to the legal and political contexts).
8. Ioanna Tourkochoriti, Freedom of Expression. The Revolutionary Roots of American and French Legal Thoughts (Cambridge University Press, 2021) (studying France and the United States from a comparative perspective and proposing a novel theory of how the limits of freedom of expression are informed by different revolutionary experiences as well as constitutional and political arrangements).
9. Raymond Wacks, The Rule of Law Under Fire? (Hart, 2021) (examining the philosophical roots of the rule of law, its modern interpretation, and the present dangers to its continuing vitality)
10. Po Jen Yap and Chien-Chih Lin, Constitutional Convergence in East Asia (Cambridge University Press, 2021) (investigating the constitutional convergence of three East Asian jurisdictions in the rulings of the Constitutional Court of Taiwan, the Constitutional Court of Korea, and the Hong Kong Court of Final Appeal)

Calls for Papers and Announcements

1. The World Congress of Constitutional Law will take place in Johannesburg on December 5-9, 2022. The deadline to send paper proposals is December 31, 2022.
2. A call for papers is open for the Annual Conference of the Socio-Legal Studies Association. The deadline is January 7, 2022.
3. The second Decolonial Comparative Law Workshop will take place at the University of Oxford, organized by the British Academy Global Professorship and the Max Planck Institute for Comparative and Private International Law. Papers can be submitted no later than February 9, 2022.
4. The 29th Annual Conference of the Australian and New Zealand Society of International Law will take place in Canberra and online from June 30 to July 2, 2022. The deadline to submit panel and paper proposals is February 21, 2022.
5. The UK-IVR Annual Conference will take place online on June 10-12, 2022. The deadline to submit workshop proposals is February 28, 2022. The deadline to submit paper proposals is March 15, 2022.

Elsewhere Online

1. Cathleen Berg, The External Representation of the European Union in the International Maritime Organization: A Question of Labelling rather than of EU Competence, EU Law Analysis
2. Lorenzo Cotula, The Shifting Contours of Property: ‘Social Function’ in the Neoliberal Era, Transformative Private Law Blog
3. Department of Constitutional Law, University of Debrecen (Head of Department: Péter Sólyom) and Tamas Gyorfi, Professor at the University of Aberdeen, HunConCourt database
4. Varun Kasthuri, India’s Dynamic Constitution, Verfassungsblog
5. Svetlana Yakovleva, GDPR Transfer Rules vs Rules on Territorial Scope: A Critical Reflection on Recent EDPB Guidelines from both EU and International Trade Law Perspectives, European Law Blog