What’s New in Comparative Public Law

–Angelique Devaux, French Licensed Attorney (Notaire)

In this weekly feature, I-CONnect publishes a curated reading list of developments in comparative 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 comparative public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in Comparative Public Law,” please email contact.iconnect@gmail.com.

Developments in Constitutional Courts

1. The Philippine top court upholds a reproductive health law.
2. The Russian Constitutional Court holds “foreign agent” law is valid.
3. The Turkish Constitutional Court rules that Twitter must be unblocked before elections.
4. Italian court rules ban on sperm donors “unlawful”.
5. French Constitutional Council’s dismisses a challenge to curbs on late night store opening by cosmetics chain.

In the news

1. Federal judge in Indiana orders recognition of same-sex marriage.
2. The Madrid Court of Appeals does not think that P2P technology is all that illicit, doesn’t automatically encourage exploitative acts nor does it promote an unfair advantage.
3. Hungary’s Supreme Court says it will rule on fx loans in the fall.
4. The Republic of Crimea adopted a new constitution.
5. Security Council issues press statement on the situation in Burundi.
6. Cambodian Court sentences 13 men for treason.
7. The Brazilian Senate approved a project to simplify foreign entries to Brazil.
8. French left political parties and unions protest against “right wing” austerity measures by the President.

New scholarship

1. Lara Blecher, Nancy Kaymar Stafford, Gretchen C. Bellamy, Corporate Responsibility for Human Rights Impacts, New Expectations and Paradigms (ABA Publishing March 2014) (collection of perspectives on the key developments and trends in business and human rights law)
2. Richard Primus, The Limits of Enumeration, Yale Law Journal (Forthcoming Volume 124) (arguing that the well-known principle of constitutional interpretation identified as “enumeration canon” is unsound; explaining why setting aside the enumeration canon is consistent with the interests of federalism, fidelity to the founding design, and text of the Constitution)
3. Silvia Sonelli, The Dialogue between National Courts and the European Court of Human Rights: Comparative Perspecties, University Of Leicester School of Law Research Paper No 14-12 (focusing on the approaches UK and Italian judges have developed in their interaction with the Strasbourg Court jurisprudence, and exploring the differences and similarities between them)
4. A.E. Oderkerk, The Need for a Methodological Framework for Comparative Legal Research: Sense and Nonsense of ‘Methodological Pluralism’ in Comparative Law, Centre for the Study of European Contract Law Working Paper Series No. 2014-04 Amsterdam Law School Research Paper No. 2014-31 (arguing that the mere existence of a variety of methods comparative law does not preclude the elaboration of a comprehensive methodology)
5. Heather Gerken, Federalism as the New Nationalism: An Overview, Yale Law Journal (2014) (suggesting that federalism is the new nationalism)

Call for papers

1. The Younger Comparativists Committee of the American Society of Comparative Law issues a Call for Papers for its workshop on comparative business and financial law, to be held at UC Davis Law School on November 7-8, 2014.
2. Loyola University Chicago School of Law announces a call for paper for a Constitutional Law Colloquium at the Philip H. Corboy Law Center, 25 East Pearson Street, Chicago, IL 60611 on November 7-8, 2014.
3. The International Academic Forum in conjunction with its global university partners announce a call for papers for the Inaugural European Conference on Politics, Economics and Law, to be held from July 3-6, 2014, at the Thistle Hotel Brighton, in the United Kingdom.
4. Journal of Law Finance and Accounting (JLFA) is pleased to announce its launch and invites submissions for presentation at the first annual JLFA Conference, to be held at the New York University, New York on 19 September 2014.
5. The Delhi School of Professional Studies and Research (DSPSR) calls for papers for the XVI Annual International Conference slated for January 3-4, 2015 on the broad theme “Governance: Changing Paradigms” at India Habitat Centre, New Delhi.

Elsewhere on blogs

1. Robert Barnes, Same-sex marriage battle escalates to force Supreme Court decision on constitutionality, The Washington Post
2. Tom Blackwell, Born Canadian? Citizenship of babies born using new fertility methods sometimes unclear, The National Post
3. Devon BD, “Freedom of the Press” and “The Shield Law”: “Protecting the Public” from Independent Alternatives to the Mainstream Media, Centre for Research on Globalization
4. Lissa Griffin, South Africa: Reflections on the Pistorius Trial, Comparative Law Prof Blog
5. Robert Tsai, Making Changes to Fundamental Law, Concurring Opinions
6. Garimella Subramaniam, Development is intrinsic to a secular project, The Indu
7. Algeria in eye of storm as elections near, Almonitor The Pulse of the Middle East