What’s New in Public Law

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—Anubhav Kumar, Advocate & Researcher, Supreme Court of India 

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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. Constitutional Court of South Africa gives Parliament two years to remedy defects in Copyright Act & declared sections of the Copyright Act invalid.
2. The Supreme Court of Canada has ruled, that Taking Off a Condom without Consent is Rape.
3. The Tennessee Supreme Court ruled that a Canadian attorney who was already admitted to the New York bar should be allowed to practice in Tennessee, too.
4. The Constitutional Court has ruled that the 5-year time limit for lawsuits against parceling plans.
5. Constitutional Court orders Western Cape woman, 85, to vacate the home she has occupied since 1947
6. Austrian Constitutional Court rules that cannabis ban is not unconstitutional
7. Iraq’s Supreme Court says it cannot dissolve parliament.

In the News

1. Canada to drop vaccine mandate at border Sept. 30
2. Supreme Court of India to live-stream its Constitution Bench proceedings from September 27
3. Dodik Slates Bosnian Court Ruling Against Republika Srpska Property Law
4. Pakistan Court To Indict Imran Khan In Contempt Case.
5. Yeshiva University halts all student club activity after Supreme Court LGBTQ ruling.
6. House Democrats introduce bill to expand U.S. appeals courts.
7. Seychelles’ Constitutional Court to review petition on 10th amendment to Constitution – should the army work alongside the police?

New Scholarship

1. Stephen Gardbaum, Democratic Design and the Twin Contemporary Challenges of Fragmented and Unduly Concentrated Political Power (2022) (forthcoming in Tom Ginsburg, Aziz Huq, Tarun Khaitan, eds., The Entrenchment of Democracy: The Comparative Constitutional Law of Elections, Parties, and Voting) (exploring whether the potential benefits of “semi-parliamentarism” can be adapted to reduce the contemporary pathologies of party systems and better balance the values of democratic governance in all regime types).
2. Haimo LI, Kim, Sungmoon, Theorizing Confucian Virtue Politics: The Political Philosophy of Mencius and Xunzi (2022) (discussing and analyzing “what the Confucians had to say about virtue, moral character, and moral edification of the people”)
3. Christoph Krenn, The Procedural and Organizational Law of the European Court of Justice (2022) (addressing the normative literature of court, its functioning, transformation, the concern for the effectiveness of EU law led to the reinvention of its procedural and organizational design, the role of the judge and argues that it is time to democratize the Court and shows ways to do this.)
4. Tonya L. Brito, Kathryn A. Sabbeth, Jessica K. Steinberg, Lauren Sudeall, Racial Capitalism in the Civil Courts (2022) (exploring how civil courts function as sites of racial capitalism. The lens of racial capitalism enriches access to justice scholarship by explaining how and why state civil courts subordinate racialized groups and individual)
5. Briana Rosenbaum, Deflect, Delay, Deny: A Case Study of Segregation by Law School Faculty (2022, Forthcoming) (seeking to excavate the truths of one law faculty’s segregationist history. it tells the story of Rudolph Valentino McKamey, a black citizen of Knoxville, TN who applied to UT Law in June 1948 but was denied.)
6. Daniel Susser, Data and the Good? (2022) (exploring the need for alternative substantive conceptions of a good digital society)

Calls for Papers and Announcements

1. The Global Summit on Constitutionalism is now accepting submissions for individual papers and fully-formed panels.
2. Hasselt University is pleased to announce the third edition of the Young Legal Researchers Conference, on 16 December 2022 at the Law Faculty of Hasselt University (Martelarenlaan 42, 3500 Hasselt) in a hybrid format. The overarching theme of the conference is: “Back to the basics: Fundamental principles of law in contemporary challenges”. Details are available here.
3. The CEU Department of Legal Studies and the ESIL Interest Group on Social Sciences and International Law are thrilled to announce the call for papers for the 2023 Conference on The Aesthetics of International Law on 12-13 May 2023. The deadline of submission is 31^st October 2022. Details are available here.
4. The Department of Sociology at Dartmouth College invites applications for a full-time tenure-track appointment as Assistant Professor beginning Fall 2023. Application is available here.
5. Environmental & Energy Law Programme (EELP) is seeking a Legal Fellow for 2023-2024 with the potential to renew for one additional year. The fellowship is a full-time, internally funded position in Cambridge, Massachusetts beginning in the fall semester. The Fellow will work on current projects, including the Biden administration’s regulatory actions to address climate change and environmental protection.
   Details are available here.
6. The European Yearbook of Constitutional Law is pleased to announce a call for submissions for its fifth volume (2023) on Constitutional law and the algorithmic state. Details are available here

Elsewhere Online

1. Dennis Emilio Hércules, Why Central America Needs More Transparency and Public Scrutiny Over Congressional Appointments, IACL-AIDC Blog
2. Megha Mehta, Centering Women’s Voices – A Feminist Analysis of Religious Freedom and the Hijab Case, Indian Constitutional Law and Philosophy
3. Nicolás M Perrone, How Corporations Shape International Economic Law: A Reply to Taylor St John, EJIL Talk
4. Neil H. Buchanan, The End of a Pandemic Is Not an All-Clear Signal — But It Is Good News All the Same, Dorf on Law
5. Dmitry Kurnosov, Russia without Strasbourg and Strasbourg without Russia: a preliminary outlook , Strasbourg Observers
6. Gleb Bogush, Mobilisation: Russian Escalation in the War Against Ukraine and International Law, Verfassungsblog
7. Avanti Deshpande, Addressing ‘Honour Killings’ in India: The Need for New Legislation, Oxford Human Rights Hub
8. Rana Touseef Sami, Sustainability and Competition Law: Interplay, Global Developments and Relevance to Pakistan, Courting The Law
9. Louise du Toit, The Shell Case: A Victory for Social and Ecological Justice in South Africa, African Law Matters
10. Swapnil Tripathi, The Governor should have consulted the Advocate General and not the ASG, The ‘Basic’ Structure