A Cultural History of Law, edited by Gary Watt (Bloomsbury Publishing) @BloomsburyPub @warwickuni

Newly published: A Cultural History of Law (Gary Watt, ed., Bloomsbury Publishing, 2019) (The Cultural Histories Series). Six volumes. How have legal ideas and institutions affected Western culture? And how has the law itself been shaped by its cultural context? In a work spanning 4,500 years, these questions are addressed by 57 experts, each contributing an authoritative study of a theme applied to a period in history. Supported by detailed case material and over 230 illustrations, the volumes examine trends and nuances of the culture of law in Western societies…

Zietlow on Slavery, Liberty, and the Right to Contract @ProfessorRZ

Rebecca E. Zietlow, University of Toledo College of Law, is publishing Slavery, Liberty and the Right to Contract in volume 19 of the Nevada Law Journal (2019). Here is the abstract. This article explores what the right to contract meant to slaves, free blacks and northern workers before and after the Civil War, to uncover the lost history of liberty of contract under the Thirteenth Amendment. By abolishing slavery and involuntary servitude, the Thirteenth Amendment transformed United States labor law and expanded rights for all workers. Until then, the slave…

Arlyck on The Founders’ Forfeiture

Kevin Arlyck, Georgetown University Law Center, is publishing The Founders’ Forfeiture in the Columbia Law Review (2019). Here is the abstract. Civil forfeiture is, in a word, controversial. Critics allege that law enforcement authorities use forfeiture as means of appropriating valuable assets from often-innocent victims free of the constraints of criminal process. Yet despite recent statutory reforms, a significant obstacle to meaningful change remains: Under longstanding Supreme Court precedent, the Constitution imposes few limits on civil forfeiture. Relying on a perceived historical tradition of unfettered government power to seize and…

Craig on English Adrministrative Law History

Paul P. Craig, University of Oxford Faculty of Law, is publishing English Administrative Law History: Perception and Reality in Judicial Review in the Common Law World: Origins and Adaptations (S. Jhaveri and M. Ramsden, eds., forthcoming). Here is the abstract. The history of English administrative law remains to be written. It is a task of considerable magnitude, given that it requires understanding of case law, regulatory legislation, government and politics spanning a period of circa 450 years. The task is more especially daunting given the range of different areas that…

Vorsprung durch Technik? Audi scores victory in trade mark appeal before the EU General Court

On 12 July 2019, the EU General Court (GC) dismissed an appeal (Audimas v EUIPO – Audi (AUDIMAS)) from a Lithuanian sportswear company, whose trade mark was successfully opposed by the German automobile manufacturer Audi. In October 2014, the applicant, Audimas AB, obtained through the World Intellectual Property Organisation (WIPO) an international registration for the mark displayed below, designating the European Union (EU) as one of the protection territories. The mark above represents the applicant company’s name in black font, with stylised open and closing brackets right above the word…

Applied Feminism and Privacy, Twelfth Feminist Legal Theory Conference, April 2-3, 2020

The Center on Applied Feminism at the University of Baltimore School of Law seeks paper proposals for the Twelfth Feminist Legal Theory Conference. We hope you will join us for this exciting conference on April 2 and 3, 2020. The theme is Applied Feminism and Privacy. As always, the conference focuses on the intersection of gender and race, class, gender identity, ability, and other personal identities. Dr. Leana Wen, President and CEO of the Planned Parenthood Federation of America and the Planned Parenthood Action Fund, will deliver the Keynote. CALL…

What have we learned from the Senior Managers and Certification Regime? | Employment Law Blog

With the Senior Managers and Certification Regime (“SMCR”) due to be extended to all regulated financial services firms in six months’ time (9 December 2019), we reflect on three key learning points from the regime which has already been in place for banks, building societies, credit unions and PRA- designated investment firms since March 2016.  The aim of the SMCR regime is, of course, to improve conduct and accountability in financial services with FCA approval required before senior managers take on new roles and those individuals having to agree statements…

The Ninth Circuit Weighs In On GoT @GameofThrones

In the recently decided case Banks v. Northern Trust Corp., the Ninth Circuit made reference to Game of Thrones by writing, Northern would like us to read Dabit without considering its clarification in Troice. But we will not render Troice meaningless the way that Game of Thrones rendered the entire Night King storyline meaningless in its final season. Troice directly supports our conclusion that a trustee’s misconduct – over which a beneficiary of an irrevocable trust has no control – cannot constitute misconduct “in connection with” the sale of covered…

Gouzoules on The Diverging RIght(s) To Bear Arms

Alexander Gouzoules is publishing The Diverging Right(s) to Bear Arms: Private Armament and the Second and Fourteenth Amendments in Historical Context in volume 18 of the University of Alabama Civil Rights and Civil Liberties Law Review (2019). Here is the abstract. This article compares the historical evolution of the social understanding of private armament with contemporary legal doctrine on the right to bear arms. The District of Columbia v. Heller decision, which held that the Second Amendment protects a personal right to self-defense, and the McDonald v. City of Chicago…

Professional Appearances in the Legal Field

A CALL FOR PAPERS FOR A SYMPOSIUM ISSUE Journal for Civil Rights and Economic Development Navigating the Laws of Fashion: Professional Appearances in the Legal Field               Presentation is everything, especially in the legal field: how you speak, where you went to law school, and how you dress or style your hair. Still true today is the fact that women face more challenges with presentation than men. Serious critique of women’s appearances is an unfortunate reality for many female lawyers. People conflate how women dress and style their hair with…