Juris Diversitas Annual Conference, Limerick, Ireland, June 2-4, 2015

 

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ANNUAL CONFERENCE 

University_of_Limerick

School of Law, University of Limerick, Ireland

THE STATE OF/AND COMPARATIVE LAW

 

 

Tuesday, June 2, 2015

14:00                     Registration

14:30                     Welcoming Address

In memoriam Roderick A. Macdonald (1948-2014) and H. Patrick Glenn (1940-2014)]

14:45                     Plenary – Keynote

Chair: Seán Patrick Donlan

  • A Theoretical Basis for Comparative Legal Pluralism, Brian Z. Tamanaha, Washington University School of Law (United States)

16:00-16:30         Break

16:30-18:00         Parallel Sessions I

I.A          Legal Pluralism in Africa

  • The Dominance of Legal Pluralism in a Post-Colonial South Africa: Where do We Stand almost Three and a Half Centuries after Western Legal Transplantation?, Christa Rautenbach, North-West University (South Africa)
  • The Relevance of Comparative Jurisprudence in the Namibian Legal System, Samuel Amoo, University of Namibia (Namibia)
  • Mapping or Codifying? The Project on the Ascertainment of Customary Law in Somaliland, Salvatore Mancuso, University of Cape Town (South Africa)

I.B           Views of Law and the Cities

  • The Interaction between Non-Judicial Mechanisms of Conflict Resolution and the State: the Case Study of Maputo, Concetta Tina Lorizzo, University of Cape Town (South Africa)
  • Plurality and the City, Julian Sidoli del Ceno, Birmingham City University (United Kingdom)

I.C           New Dimensions of Constitutionalism

  • Constitutions beyond the State: a Miracle or a Mirage?, Ekaterina Yahyaoui Krivenko, National University of Ireland, Galway (Ireland)
  • An Approach to Comparative Environmental Constitutionalism, Francois Venter, North-West University, Potchefstroom Campus (South Africa)
  • La démocratie moderne au miroir de la pensée chinoise, Frédérique Rueda-Despouey, University of Bordeaux (France)

18:00-19:00         Reception – Juris Diversitas Book Series Launch

Wednesday, June 3, 2015

9:00-10:30           Parallel Sessions II

II.A         Law, Religion and Tradition

  • The British Religious and Secular Courts in Historical and Comparative Perspective, Martin Sychold, Swiss Institute of Comparative Law (Switzerland)
  • Interaction between Common Law and Islamic Law in Nigeria: a study of the application of the doctrine of Stare-Decisis in some Islamic Law cases in Northern Nigeria, Ahmed S. Garba, Bauchi State University, Gadau (Nigeria)
  • Traditio Canonica and Legal Tradition: The Role of the Canon Law in Contemporary Legal Debate, Lorenzo Cavalaglio, University of Udine (Italy)

II.B         Interaction and Convergence: Mixed Approaches

  • Liability for Losses Caused by Administrative Action in South Africa and the Netherlands, Rolien Roos, North-West University (South Africa)
  • The Convergence of Defamation in English Tort and French Criminal Law, Mathilde Groppo, King’s College London, Dickson Poon School of Law (United Kingdom)
  • Public or Private? Comparing the German and British Approaches to Enforcing Consumer Protection, Shane Patrick McNamee, University of Bayreuth (Germany)

10:30-11:00         Break

11:00-12:00         Parallel Sessions III

III.A        Legal Cosmopolitanism in Territorialized and De-Territorialized Law

  • Resorting to International Instruments for the Interpretation of European Private Law, Isabelle Rueda, University of Sheffield (United Kingdom)
  • International Commercial Arbitration, lex mercatoria, UNIDROIT Principles and Models Laws: Legal Cosmopolitanism within the World of Affairs?, Matteo Dragoni, University of Pavia (Italy)

III.B        Of Elites and their Influence

  • On Legal Elites and the Legal Profession in Cyprus, Nikitas Hatzimihail, University of Cyprus (Cyprus)
  • Anglo-Phone Legality: Ciceronian, Socratic and Derridian, Joseph P. Garske (United States)

III.C        Structuring Mixed Legal Systems

  • The Political Purpose of a Mixed Legal System Conception: The Case of Scotland, Andreas Rahmatian, University of Glasgow (Scotland)
  • Quebec’s “droit commun” as its Basic General Law, Matthieu Juneau, Université Laval, Québec (Canada)

12:00-14:00         Lunch

14:00-15:30         Parallel Sessions IV

IV.A       Comparative law, Circulation and Transplants

  • Comparative Law in Russia and CIS, Irina Moutaye, Institute of Legislation & Comparative Law, Moscow (Russia)
  • Legal Transplants and European Private Law, Domitilla Vanni di San Vincenzo, University of Palermo (Italy)
  • The Circulation of Legal Arguments among Courts : The Case of Brown v. Board of Education, Maria Chiara Locchi, University of Perugia (Italy)

IV.B        Intercultural Integration: Cosmopolitism and Pluralism

  • Errant Law: Spaces and Subjects, Mario Ricca, University of Parma, (Italy)
  • Living Together in a Critical, Pluralist and Cosmopolitan State?, Emma Patrignani, University of Lapland (Finland)
  • Comparing Hybrid Legal Systems in India: Similarities in Diversity, Andrea Borroni and Marco Seghesio, Seconda Università degli Studi di Napoli (Italy)

IV.C        Justified and Unjustified Enrichment

  • Unjustified Enrichment: Should South Africa Venture into the Thick Forest of Passing on Defence?, Aimite Jorge, University of Namibia (Namibia)
  • Unjust or Unjustified? A German-English Picture Puzzle, Nathalie Neumayer, University of Vienna (Austria)
  • Contract Formation in Context of Morality, Customs and Praxeology, Jakub Szczerbowski, University of Social Sciences and Humanities (Poland)

15:30-16:00         Break

16:00-17:15         Plenary – Keynote

  • Forms of Combined Comparative Research: Synchronised or Restricted?, Katharina Boele-Woelki, University of Utrecht (The Netherlands)

19:00                     Conference Dinner

Thursday, June 4, 2015

9:00-10:30           Parallel Sessions V

V.A         Indigenous Law and State Law

  • Explicit-Implicit Legal Pluralism, Elina Moustaira, University of Athens (Greece)
  • Critical Legal Pluralism in Afghanistan, Nafay Choudhury, American University of Afghanistan (Afghanistan)
  • Implications of an Adaptation Theory of Indigenous Law on Legal Pluralism in Africa, Anthony C. Diala, University of Cape Town (South Africa)

V.B         Shifts in Transmitting Property and Nationality

  • Remodeling Values Protected by the Law of Succession in the European Union, Elwira Macierzynska-Franaszczyk, Kozminski University (Poland)
  • Comparative Analyses of Testamentary Capacity, Linda Schoeman, University of Pretoria (South Africa)

10:30-11:00         Break

11:00-12:00         Parallel Sessions VI

VI.A       Challenging Legal Traditions

  • Socio-Cultural Challenges to Comparative Legal Studies in Mixed Legal Systems, Esin Örücü, University of Glasgow (Scotland)
  • From Law as a Legal Tradition to Traditions Invented Through Law: a European Perspective, Lorenzo Bairati, University of Pollenzo (Italy)

VI.B        Pluralistic Views on Land Issues in Indonesia

  • Controversies on the Existences of Indigenous Lands in Indonesia, Rina Shahriyani Shahrullah and Elza Syarief, Universitas Internasional Batam (Indonesia)
  • Legal Pluralism and Land Administration in West Sumatra: The Implementation of the Regulations of both Local and Nagari Governments on Communal Land Tenure, Hilaire Tegnan, Andalas University, Padang (Indonesia)

VI.C        Clash or Balance? Cyber Security v. Privacy, DNA v. Presumption of Innocence

  • A Vague Balance between Cyber Security and Right of Privacy: Israeli, International and Italian Law in a Comparative Perspective, Paola Aurucci, University of Milan (Italy)
  • A Clash of Icons? Is DNA Evidence Posing Threats to Presumption of Innocence in Ireland and France?, Michelle-Thérèse Stevenson, University of Limerick (Ireland)

12:00-14:00         Lunch

14:00-15:30         Parallel Sessions VII

VII.A      Panel – Buddhist Legal Traditions

  • Buddhist Tradition(s) on Law and Governance, Ignazio Castellucci, University of Trento (Italy)
  • Tibetan Epiphanies of Buddhist Law, Andrea Serafino, Università del Piemonte Orientale (Italy)
  • Tort Law in Buddhist Legal Traditions, Lukas Heckendorn Urscheler, Swiss Institute of Comparative Law (Switzerland)

VII.B      Everyday Life, Gender and Happiness

  • Cryptotypes and Implicits in Gender Issues, Barbara Pasa (paper prepared with Lucia Morra), University of Turin (Italy)
  • Ethnographic Study of the Everyday Legal Pluralism in India, Karine Bates, University of Montreal (Canada)
  • Love and Happiness in Law, Angelo Parisi, University of Rome Tor Vergata (Italy)

15:30-16:00         Break

16:00-17:00         Juris Diversitas General Meeting

17:00-17:30         Plenary – Closing Panel

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Bogdan Buta, LL.M. 2014, joins the Louisiana Bar

Congratulations to Bogdan Buta, LL.M. 2014, for his success at the Louisiana Bar exam. Bogdan is a law graduate of the Babes-Bolyai University in Cluj-Napoca, Romania. He was a recipient of the A. N. Yiannopoulos Endowed Scholarship for the academic year 2013-2014. We wish him a great future in our state and wherever his success will take him.

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Bogdan Buta with Justice Hughes, Supreme Court of Louisiana

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Posted in Master in Comparative Law (LL.M.) | Leave a comment

French Students visit Louisiana Supreme Court and Louisiana Law Library

For the fifth consecutive year, the Center of Civil Law Studies is hosting three interns from the Université de Nantes Master in Trilingual Legal Studies, as part of the Training Multilingual Jurists Program, sponsored by the Partner University Fund.

Sarah Charlat, Delphine Drouard, and Sara Vono arrived in late March for a three month internship. They have already translated several dozen Louisiana Civil Code articles from English in to French, dealing with emancipation, interdiction, usufruct, and now successions.

On Friday, April 24, Prof. Olivier Moréteau took them to New Orleans for a tour of the Louisiana Supreme Court. Audrey Michenaud, an exchange student from Université de Nantes, and Jason Marcheux, visiting from Université Paris 1 Panthéon-Sorbonne, joined the group.

The visit of the Rare Book Room was the highlight of the visit: these French students had to cross the Atlantic to hold the original edition of the Code Napoléon in their hands!

The CCLS thanks the Court and the Louisiana Law Library for their renewed hospitality, particularly Head Librarian Georgia Chadwick, Librarian Miriam Childs, Robert Gunn who gave the tour, and David Rigamer for these great photos.

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Robert Gunn giving the tour, in the Supreme Court Museum

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Head Librarian Georgia Chadwick showing old New Orleans ordinances

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Audrey Michenaud, Sara Vono, Jason Marcheux, Delphine Drouard & Sarah Charlat holding the Code civil des Français

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Librarian Miriam Childs & Prof. Olivier Moréteau

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Posted in Center of Civil Law Studies, Events, Translation Projects | 1 Comment

Andrew Whall sends News from South Africa

2L Andrew Whall emails from the University of Cape Town (UCT):

Hello Professor Moreteau,

I just wanted to say hello and let you know that my studies here at University of Cape Town are going well! I’m currently taking three LLM level courses, so it’s definitely a lot more challenging than I thought it would be, but that’s okay because I’m learning so much from a perspective that I would’ve never been able to get studying in the US. I’ve met so many fascinating people from all over the world who have left their countries to study law at this prestigious university. Each and everyone of them bring quite a unique view from their respective nations, and it is particularly apparent during a class discussion when everyone is sharing their knowledge. It’s so incredible how many different approaches there are to law out there!

As the only American law student, at UCT I’ve been doing my best to represent our legal system and policies to the rest of the class. It’s actually not that easy to answer their questions because I find that they’re all quite knowledgeable and tend to ask much more detailed questions than I am used to and it requires me to do some research. I have learned much more about the US in the past 3 months than I originally intended to, because the other foreign students are so curious and eager to learn about the US perspective just as much as I am to learn about theirs.

As they say in South Africa,

Cheers!

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Matt Dyson Shares Views on Tortious Apples and Criminal Oranges

Dr. Matthew Dyson, is a fellow of Trinity College, Lecturer at the Faculty of Law, University of Cambridge (U.K.), where he teaches torts, contracts, Roman law, and comparative law. His research has been on how the borderline between tort and crime has changed in different jurisdictions in the last few hundred years.

During a one-day visit to the LSU Law Center, Wednesday, April 8, 2015, Matt Dyson presented remarks on his present research: Tortious Apples and Criminal Oranges, a chapter of his forthcoming Comparing Tort and Crime. Dr. Dyson is the author of Unravelling Tort and Crime, Cambridge University Press, 2014, and a contributor to the Comparative Legal History book project (edited by A. Masferrer, K. Modeer, O. Moréteau), forthcoming in the Research Handbooks in Comparative Law, Edward Edgar. He is the Secretary General of the European Society for Comparative Legal History.

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Posted in Center of Civil Law Studies, Distinguished Foreign Visitors, Lectures | 1 Comment

The 38th Tucker Lecture in Pictures

On Tuesday, March 17, 2015, Professor Emerita Esin Örücü (University of Glasgow, Scotland), gave the 38th Tucker Lecture discussing the impact of Civil Code translations on the shaping of civil law systems, based on the Turkish and Louisiana experience, with reference to to other translated codes. The lecture will be published in the Journal of Civil Law Studies.

Professor Örücü enjoyed her visit at the LSU Law Center and was happy to discover the beauties of South Louisiana before flying back to Scotland this Friday.

Visit the Edinburgh Legal History Blog for more detail.

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Posted in Center of Civil Law Studies, Civil Law, Journal of Civil Law Studies, Lectures | Leave a comment

Postcard from Israel: Greg Everett, First LSU Law Student to Study in Tel Aviv and Work at the Israeli Supreme Court

3L Greg Everett is spending the entire academic year at the University of Tel Aviv, ending with externship experience at the Israeli Supreme Court. He writes:

Greetings from Tel Aviv, Professor Moreteau!  The weather certainly feels as good as it looks in these photographs.  I’ve thoroughly enjoyed my time here in Tel Aviv.  The architecture in certain neighborhoods bears a close resemblance to New Orleans, but with the weather of San Diego.  The classes have been very interesting, as the students hail from all over the world, bringing insights from their respective judicial systems.  The coursework has been very demanding, but there is always time for a walk to the beach.

I’ve just started working at the Supreme Court in Jerusalem, which requires me to make the bus commute about 3x/week.  From a comparative law perspective, the experience can’t be beat.  Thanks to yourself and the rest of the LSU team for making this possible.  I look forward to seeing you guys in May!

Greg, Holly, and Remy

More news to follow regarding the work at the Supreme Court. We wish Greg and his family all the best in this very inspiring experience!

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Greg Everett with his son Remy

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Posted in International Jobs and Careers, Semester Abroad | Leave a comment

38th Tucker Lecture by Prof. Esin Örücü, March 17

You are kindly invited to the Lecture and Reception to follow!2015 Tucker Lecture Dr. Esin Orucu

Posted in Center of Civil Law Studies, Civil Law, Lectures, Translation Projects | 1 Comment

The International Law Society invites you to Better Understand Islamic Law

“Understanding Islamic Sharee’ah” by Imam Abdelmadjid Mokhtari
of The Islamic Center of Baton Rouge
Tuesday, March 10th, 12:40 – LUNCH. Rm 110
Please join us for this special event!

“فهم الشريعة الإسلامية” للإمام عبد المجيد مختاري
من المركز الإسلامي في باتون روج
الثلاثاء 10 مارس، 12:40 – تناول طعام الغداء. RM 110
يرجى الانضمام إلينا لهذا الحدث الخاص!

Islamic Law

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Want to be a General Counsel? International Experience “is a Huge Differentiator”

LSU Law Students, read this post published by Inside Counsel: “For many attorneys, the role of chief legal officer is the culmination of their professional career goals. During the recent Women, Influence and Power in Law Conference in Washington, D.C, several executive search professionals provided tips and advice on navigating the road to the GC position.”

“The panel also discussed the importance of international experience. According to Russell Reynolds research, of the Fortune 300, 15 percent of general counsel had prior international experience.

“Increasingly, we hear that companies want international experience,” Cynthia Dow, executive director of Russell Reynolds Associates, told the audience. “That is a huge differentiator.”

LSU Law Career Services

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Posted in International Jobs and Careers, International Law Society | Leave a comment