EU Law Analysis: Brexit and Extending EU Membership: The Legal Issues

Professor Steve Peers, University of Essex As the Brexit day deadline of March 29th looms without approval of the proposed withdrawal agreement, tonight’s European Council meeting agreed conclusions offering an extension of UK membership of the EU in principle. What are the legal issues concerning the extension of EU membership? The crucial part of tonight’s conclusions stated that: The European Council agrees to an extension until 22 May 2019, provided the Withdrawal Agreement is approved by the House of Commons next week. If the Withdrawal Agreement is not approved by…

Sergei Loznitsa’s Austerlitz and Rex Bloomstein’s KZ @cardiffuni

David Clarke, Cardiff University, is publishing Tourists As Post-Witnesses in Documentary Film: Sergei Loznitsa’s Austerlitz (2016) and Rex Bloomstein’s KZ (2006) in the Oñati Socio-Legal Series, Forthcoming. Here is the abstract in English and Spanish. English abstract: This article compares two documentary films that address an apparent crisis of post-witnessing at memorials that commemorate the victims of National Socialism. In the context of contemporary debates about appropriate behaviour for tourists at sites of “dark” or “difficult” heritage, Sergei Loznitsa’s Austerlitz (2016) and Rex Bloomstein’s KZ (2006) take very different approaches…

Sepper on Sex in Public

Elizabeth Sepper, Washington University School of Law, is publishing Sex in Public in volume 129 of the Yale Law Journal. Here is the abstract. This Article recounts the first history of sex in public accommodations law—a history essential to debates that rage today over gender and sexuality in public. Just fifty years ago, not only sexual minorities but also cisgender women were the subject of discrimination in public. Restaurants and bars displayed “men-only” signs. Women held secondary-status in civic organizations, like Rotary and Jaycees, and were excluded altogether from many…

Heinze on An Anti-Liberal Defense of Free Speech @Eric_Heinze

Eric Heinze, Queen Mary University of London, School of Law, is publishing An Anti-Liberal Defense of Free Speech: Foundations of Democracy in the Western Philosophical Canon in the Oxford Handbook of Law and Humanities (forthcoming). Here is the abstract. Western democracies have determined the extent and limits of free expression largely within rights-based frameworks. As captured by Mill’s classically liberal “harm principle”, expression is permitted except insofar as legislatures and courts deem it to cause some unacceptable harm. Through a review of certain texts foundational for democracy, however, we can…

Mohr on Leo Kohn and the Law of the British Empire @UCDLawSchool

Thomas Mohr, Sutherland School of Law, University College Dublin, has published Leo Kohn and the Law of the British Empire as UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 12/2019. Here is the abstract. Leo Kohn’s 1932 publication, The Constitution of the Irish Free State, is widely recognised as the leading textbook on the Irish 1922 constitution. Many aspects of this constitution have been reproduced or have influenced the provisions of the current Irish constitution of 1937. This ensures that Kohn’s book continues to be cited…

The Origin Story and the “Considerable Uncertainties”–1824 to 1945

James M. McGoldrick, Pepperdine University School of Law, is publishing The Dormant Commerce Clause: The Origin Story and the ‘Considerable Uncertainties’—1824 to 1945 in the Creighton Law Review. Here is the abstract. The doctrine that Congress’ commerce power all by itself limits the state power to regulate interstate commerce is called the Dormant Commerce Clause, or sometimes the Negative Commerce Clause, because any limits are not specifically stated but rather are implicit from the grant of power to Congress. Marshall gave the Dormant Commerce Clause doctrine its name in Black-Bird…

Danse Macabre (Cambridge University Press)

Desmond Manderson, Australian National University, is publishing Danse Macabre: Temporalities of Law in the Visual Arts (Cambridge University Press) (forthcoming June 2019). Here from the publisher’s website is a description of the book’s contents. The visual arts offer refreshing and novel resources through which to understand the representation, power, ideology and critique of law. This vibrantly interdisciplinary book brings the burgeoning field to a new maturity through extended close readings of major works by artists from Pieter Bruegel and Gustav Klimt to Gordon Bennett and Rafael Cauduro. At each point,…

why the UK will need to hold EP elections if its membership of the EU is prolonged beyond the 22nd of May

EU Law Analysis: Of extension of UK membership and basic democratic principles: why the UK will need to hold EP elections if its membership of the EU is prolonged beyond the 22nd of May Of extension of UK membership and basic democratic principles: why the UK will need to hold EP elections if its membership of the EU is prolonged beyond the 22nd of May Professor Eleanor Spaventa, Bocconi University To say that the political situation is the UK regarding Brexit negotiations is volatile is an underestimation of reality; Mrs…

We need to talk about Article 50

EU Law Analysis: Extension and elections: We need to talk about Article 50 Extension and elections: We need to talk about Article 50 Professors Catherine Barnard and Steve Weatherill, Universities of Cambridge and Oxford respectively Its 261-word text is now infamous. It is brief, at times laconic, and leaves many things unsaid or uncertain. So, what does – and doesn’t – Article 50 permit? Let’s start with the easy stuff.  Article 50(3) says that the two-year period can be extended by the European Council acting by unanimity (all 27 EU…

EU Law Analysis: The second vote against the withdrawal agreement: what next?

Professor Steve Peers, University of Essex The second attempt to approve the withdrawal agreement has been defeated again in the House of Commons. What were the main legal issues in this second attempt – and what is the way forward, if any? MPs were asked to vote on five documents: a)      The Withdrawal Agreement, as agreed in November, which has not been changed (see my overview of the agreement here) b)      The non-binding Political Declaration on the future relationship with the EU, which has not been changed (see my detailed…