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  1. Spring 2013
Law Research

Spring 2013

Welcome to the current edition of the City Law School's legal research newsletter, RE: LAW. Find out all the information you need to know about the latest legal research developments happening across the School.

Spotlight

We are delighted to announce the launch of the new Centre for the Study of Legal Professional Practice (CSLPP). The Centre aims to support the strong development of the legal profession and legal professional practice through research and writing that is well regarded by the profession.

The Centre builds on existing expertise in designing and delivering legal professional training for barristers and solicitors as well as the existing work and reputations of a range of staff.

The Centre includes the following forums:

The official launch of the Centre is taking place on Friday 12 July. The launch will be marked by a talk from Baroness Hale of Richmond, DBE, QC, PC, FBA and Justice of the Supreme Court of the United Kingdom.

Publications

Monographs

Jason Chuah, Hardship in Transnational Commercial Contracts - A Critique of the Legal, Judicial and Contractual Remedies (Paris Legal Publishers 2013)

David Collins, The BRIC States and Outward Foreign Direct Investment (Oxford University Press, 2013)

Claire de Than, Criminal Law (Oxford University Press, 2013)

Paul Gragl, The Accession of the European Union to the European Convention on Human Rights (Hart Publishing 2013)

Panos Koutrakos, The EU Common Security and Defence Policy (Oxford University Press, 2013)

Panos Koutrakos, The International Responsibility of the European Union - European and international Perspectives (Oxford: Hart Publishing, 2013)

Commentaries and practitioner texts

Susan Blake, Julie Browne and Stuart Sime, The Jackson ADR Handbook (Jackson Implementation Editorial Board, 2013)

Stuart Sime. with Derek French, Blackstone's Guide to the Civil Justice Reforms 2013 (Blackstone's Guide series, Oxford University Press, 2013)

Articles and contributions

Emily Allbon, 'Too cool for (law) school? Using technology to engage students in legal skills' (2013) European Journal of Law and Technology 4:1

Grietje Baars, 'Capitalism's Victor's Justice? The hidden story of the prosecution of industrialists post-WWII and subsequently' in G. Simpson and K. Heller (eds), Untold Stories: Hidden Histories of War Crimes Trial (Oxford University Press 2013)

Andrew Choo, 'England and Wales: Fair Trial Analysis and the Presumed Admissibility of Physical Evidence' in SC Thaman (ed), Exclusionary Rules in Comparative Law (New York: Springer, 2013) 331-354

Nigel Clayton, 'An overview on the inconsistencies of approach in regulating the capital position of banks: Will the United Kingdom step out of line with Europe?' (2013) 14(2) Journal of Banking Regulation 107-133

Claire de Than and Jesse Elvin, 'Towards a rational reconstruction of inchoate liability and complicity: attempt' in Reed and Bohlander (eds), Participation in Crime (Ashgate 2013)

Claire de Than and Jesse Elvin, 'Towards a rational reconstruction of inchoate liability and complicity: conspiracy' in Reed and Bohlander (eds), Participation in Crime (Ashgate 2013)

Paul Gragl, '(Judicial) Love is Not a One-Way Street: The EU Preliminary Reference Procedure as a Model for ECHR Advisory Opinions under Draft Protocol No. 16' (2013) 38 European Law Review 229-247

Paul Gragl, 'Europäische Jurisdiktionsgrenzen und Dublin II: Straßburgs M.S.S.-Urteil und dessen Folgen für die Europäische Union' in Matthias Kettemann (ed), Grenzen im Völkerrecht (Jan Sramek 2013)

Paul Gragl, 'A Reminiscence of Westphalia: Inter-Party Cases After the EU's Accession to the ECHR and the EU's Potential as a Human Rights Litigator' in T. Lock, K. Dzehtsiarou, T. Konstadinides and N. O'Meara (eds), Human Rights Law in Europe: The Influence, Overlaps and Contradictions of the EU and ECHR (Routledge 2013)

Paul Gragl, 'Völkerrecht 2012 - Richterliche Praxis und politische Realität. 37. Österreichischer Völkerrechtstag' (2012) 25 Humanitäres Völkerrecht - Informationsschriften, 163-164

Nicholas Hatzis, 'Detention of Irregular Migrants and the European Public Order', 38 European Law Review

Nicholas Hatzis, 'The Church-Clergy Relationship and Anti-discrimination Law' 15 Ecclesiastical Law Journal 144-157

Panos Koutrakos, 'The interactions between the European Court of Justice and the legislature in the European Union's External relations' in P Syrpis (ed), The relationship between the judiciary and the legislature in the internal market (Cambridge: Cambridge University Press, 2013) 243-273

Panos Koutrakos, 'The European Union in the global security architecture' in J Wouters, B Van Vooren S Blockmans (eds), The Legal Dimension of Global Governance - What Role for the EU? (Oxford: Oxford University Press, 2013)

Stuart Sime, 'Offers to Settle: incentive, coercion, clarity' (2013) 32 (2) Civil Justice Quarterly 182-197

Dan Wilsher, 'Law and the Financial Crisis: Searching for Europe's New Gold Standard' (2013) 19(3) European Law Journal 1-43

New editions

Susan Blake, Julie Browne and Stuart Sime, A Practical Approach to ADR (September 2012)

Stuart Sime, Blackstone's Civil Practice; A Practical Approach to Civil Procedure (15th edition, 2012)

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Press, reviews, broadcast & blogs

Andy Boon, 'Book Review: Integrating Socio-Legal Studies into the Law Curriculum: edited by Caroline Hunter' (2012) 39(4) Journal of Law and Society 616-624

Jason Chuah was interviewed by CNN India regarding the case of the Italian Marines accused of murdering two fisherman off the Indian coast.

David Collins, 'Book Review: Doing Business in the BRICS: by Ravi Narath' (2013) 6 International Trade Law and Regulation 12-15

David Collins, 'Book Review: Development at the WTO: by Sonia E Rolland' (2013) 76:3 Modern Law Review 648-650

Riccardo Montana's comments about Amanda Knox facing retrial appeared on the CNN website. His forthcoming research is related to this case.

Katherine Reece Thomas discussed fixed term contracts for an investigation by BBC Watchdog. Her comments were also used on the BBC website.

Stuart Sime, '2013 Civil Justice Reforms 2013', Counsel magazine (April 2013) 19-20

Steven Truxal appeared on BBC World News to discuss the new rights for airline passengers which were unveiled by the European Commission. His comments featured on the BBC website. Steven was also quoted also in two articles 'Airline passenger rights given EU boost' in The Guardian (13 March 2013) and 'EU unveils new air passenger rights' in South China Morning Post: Hong Kong (14 March 2013).

Lorna Woods' comments on regulation of the online space post-Leveson were used by the Channel 4 News website.

David Wurtzel appeared on the 'Your Money' programme on the BBC News channel on Saturday 6th April 10.30am. He discussed how people may represent themselves in court as a result of cuts to legal aid.

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Events, conferences and seminars

On 29 April, Dimitris Arvanitis, a PhD student at the City Law School hosted a seminar on the future of Shale Gas in the UK in conjunction with the University Energy Society and the Energy Institute. The rapid rise of US shale gas exploration, driven by new technologies, has offset declines in production from conventional gas reservoirs and led to major increases in US reserves of natural gas. The same is happening in China. Until recently, the UK Government had been hesitant towards full shale gas exploration. Speakers included George Kremlis, Head of Unit A3, DG ENV, European Commission, Bob Buhr, Director, Credit Research Department, Société Générale, and Graham Dean, Managing Director, Reach Coal Seam Gas Ltd. The seminar was attended by over 150 delegates from industry and academia.

Danae Azaria presented her draft conclusions on subsequent agreements and subsequent practice in relation to treaty interpretation provisionally adopted by the Drafting Committee of the International Law Commission in the first part of its 65th session - Interpreting Articles 31-32 of the Vienna Convention on the Law of Treaties.

Grietje Baars, with Andre Spicer, at the Cass Business School, started an interdisciplinary research group on 'the Critical Corporation'. The group recently held two events to debate Corporate Social Responsibility (8 February 2013) and Shareholder value and the corporation (24 April 2013). These events brought together academics and business, public and third sector professionals from across the UK and beyond.

Enrico Bonadio gave a paper on 'Protection of Unregulated Designs on UK and EU Law' at the Intellectual Property for Commercial Lawyers Conference (London, 24 May 2013).

In February Andy Boon presented on 'Ethical Issues and In-house Lawyers' for the Bar Association for Commerce, Finance and Industry at Middle Temple and was a member of a panel chaired by Lord Hoffmann.

In March, Andy Boon organised and chaired a stream on Lawyers and Legal Professions for the Socio-Legal Studies Association Annual Conference at York. This comprised four sessions involving academic, international and industry contributions. He also delivered a paper entitled 'Lawyer Discipline' at one of the sessions.

Margaret Carran presented a paper on 'How Adolescents Differentiate True Gambling from Social Gaming: Findings from a Qualitative Study of 17 Year Old Pupils from London Secondary Schools' at the 15th International Conference on Gambling and Risk Taking (Las Vegas, 27 May 2013).

David Collins attended the 'National Treatment in Emerging Market Investment Treaties' Conference on the National Treatment Principle in an EU and International Context, Maastricht University (Maastricht, Netherlands) (January 2013).

David Collins launched his new book at the international City law firm Arnold & Porter LLP on 16th April. The BRIC States and Outward Foreign Direct Investment was published by Oxford University Press in March 2013. David's book discusses the growth of foreign direct investment in services from the large emerging markets Brazil, Russia, India and China and the role that international investment law has played in this process.

On 28 February, Alan Dashwood delivered his inaugural lecture on "The United Kingdom In A Re-Formed European Union". This lecture explored the possible constitutional arrangements under which the European Union might be re-formed so as to accommodate the new reality of a more highly integrated "core" and a less integrated "periphery".

Carmen Draghici gave a public lecture on the 'Non-discrimination in the enjoyment of family rights: same-sex couples and transgender persons' at the Fletcher School of Law and Diplomacy, Tufts University, Boston. The event was co-hosted by the Human Rights Project and the Fletcher LGBTA Group.

In March, Peter Kunzlik gave a seminar by invitation at Cambridge University's Centre for European Legal Studies. His paper will appear in the next edition of the Cambridge Yearbook of European Legal Studies under the title 'Neoliberalism and the Dilemmas of EU Procurement Regulation'.

On 9 May 2013, Mauro Barelli welcomed PhD students and members of staff to the second annual Postgraduate Forum of The City Law School. Eight students  presented original and stimulating papers based on their on-going research projects. Mariem Ben Slimane was awarded the prize for best presentation for her excellent paper on the practice of Arab States in international trade agreements.

Stuart Sime delivered a CPD session on the Civil Justice Reforms 2013.

On 20 March 2013, Jude Townend and Lorna Woods briefed legal journalists from the Supreme People's Procuratorate of China (SPP). The journalists visited the Centre for Law Justice and Journalism as part of a trip to find out about the UK prosecution process and the role of journalism in making the judicial process more transparent and accountable.

Forthcoming events

Teaching Legal Ethics UK: Workshop on Understanding and Learning Moral Courage

12 July 2013

The Centre for the Study of Legal Professional Practice Launch

12 July 2013

The fourth biennial Applied Legal Storytelling Conference

22-24 July 2013

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News

David Collins was a delegate to the UK-Brazil Trade Initiative, International Affairs Committee of the Law Society of England and Wales. David has also been appointed a Visiting Scholar at the National University of Singapore, where he will research emerging markets and performance requirements under international investment law.

David Collins and Eric Klotz's City Enterprise Services project has been shortlisted for the Business Impact Aspiring category of the PraxisUnico Impact Awards.

Professor Sir Alan Dashwood has been appointed Knight Commander of the Order St Michael and St George in the Queen's Birthday Honours List 2013. The honour was in recognition of his services to the development of European Law.

Peter Kunzlik acted as an external examiner on a PhD in trade law for the University of Maastricht and will be attending the candidate's defence of his thesis there in June.

Katherine Reece Thomas commented about the case of the Italian Marines accused of murdering two fisherman off the Indian coast.

Steven Truxal was appointed a Fellow of the Centre for British Studies at Humboldt Universität zu Berlin. The Fellowship will last for a five year period.

Dan Wilsher has become an expert member of the Anti-Corruption Group at the International Chamber of Commerce.

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Bids and projects

Projects awarded

David Collins was awarded a £12500 Fast Forward Grant by the UK Intellectual Property Office for the City Enterprise Services pro bono legal advice clinic, recognizing the clinic as one of the most innovative knowledge exchange projects in the UK.

Bids submitted
Grietje Baars is participating in a multimillion ESRC funding bid with Cass to establish a multidisciplinary centre on the corporation, governance and civil society. She has also applied for an ESRC seminar series grant for the Critical Corporation Research Group.

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Research support

Current research and tender opportunities are updated on the City Law School Research Information page on Moodle.

Please continue to keep Peter Aggar informed of your published research.

University Pump Priming Fund

16 September 2013 is the deadline for the next round of University Pump Priming applications. This scheme is open to all staff below Professorial grade who have not previously been awarded pump priming funds to apply. Professorial staff who entered the University on the grade directly from industry, but whose previous role did not include research, may also apply.

Completed applications forms should be returned to Anna Ramberg (one hard copy with original signatures plus one sent as an email attachment by the deadline).

Extra funds for Library

As you may know, the University has allocated extra funds to the Library so that we can increase our resources to support your research. So far we have subscribed to many new resources including electronic databases, journals, books, newspapers, reference resources and theses. As a result, you are making fewer inter library loan requests as we have more and more of what you need. However we would still like to hear from you.

  • Are there any printed books or online journals and resources you would like for your research?
  • Many of you use the Institute of Advanced Legal Studies Library - are there resources you access via the Institute which you'd like City to purchase instead?
  • Is there any software you need for your research? For example EndNote bibliographic management software?

If there is anything else you feel the Library could provide to facilitate your research (comfy chairs or beanbags in the Library to sit and read newspapers have been suggested!) do get in touch with the Research Support Librarian Rowena Macrae-Gibson.

Using Google Scholar to access City University London's Journals Subscriptions

Library Services have recently made some behind-the-scenes improvements to the way you access online journals. If you use Google Scholar within the University, you won't have noticed a difference, but if you use it at home or in another off-campus location, you might need to reset your settings.

Here's how to set Google Scholar up so it can automatically connect you to journal articles and other research to which City Library Services subscribes:

1. Go to http://scholar.google.co.uk/ and log into your Google account.
2. Click the 'Settings' button in the top right-hand corner
3. Click 'Library Links' on the left-hand side
4. Search for City, University of London, tick its box, and then hit 'Save'

Then, when you search Google Scholar, you'll get links to City's collections within your results - just look for the 'is it @ CityLibrary' link

City Research Online

Use City Research Online to make your publications widely available. The data repository team can accept work being emailed directly to them or you can upload pieces via http://publications.city.ac.uk/. Either way the team will do the required checks concerning IP and copyright issues, etc. before anything is made available online.

How to access BOB recordings

BoB is an off-air recording and media archive service available to staff and students of member institutions of the British Universities Film & Video Council that hold an ERA+ license (like City). To view it you have to enter City as your institution. It will then take you to a login page where you enter your City computer log-in.

The Conversation

City, University of London is a Founding Partner of The Conversation, a venture which will provide a new platform for academics to apply their research and expertise to topical issues and to share it with the public. Please contact Sophie Cubbin if you are interested in contributing or would like to find out more.

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