School Of Law. Research Newsletter

School Of Law. Research Newsletter. September 2009 Research E-Newsletter – September 2009 CONTENTS: Research Projects and Funding Global Justice an...
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School Of Law.

Research Newsletter. September 2009

Research E-Newsletter – September 2009 CONTENTS: Research Projects and Funding Global Justice and Sustainable Development Conference Conference Addresses

Gilly Sharpe whose application to the Leverhulme Trust was approved in July 2009. They will be undertaking a project over the next two years on Tracking processes on probation: long -term patterns of desistance and reform. This grant is worth £191,000 and includes the time of a research fellow as well as teaching buyout for Stephen and Gilly.

Knowledge Exchange Other Announcements Publications RESEARCH PROJECTS AND FUNDING PRIV-WAR PRIV-WAR submitted two reports to the European Commission in response to the consultation documents sent to the PRIVWAR project. Sorcha MacLeod, ‘Historical Precedents for Holding Corporations Responsible for Violations of International law and Human Rights’ June 2009. Sorcha MacLeod (with contributions from Scarlett McArdle, PhD candidate University of Sheffield), ‘International Initiatives for Holding Corporations to Account and their Viability with regard to Private Military and Security Contractors’ June 2009. Leverhulme Trust Congratulations to Stephen Farrall and

SIBLE success SIBLE was notified in July 2009 by the UK Intellectual Property Office and the Strategic Advisory Board for IP policy that its bid for the provision of research services had been successful . SIBLE has been included into a five year programme starting from July 2009. SIBLE have been included specifically for the provision of research services on intellectual property in the next 5 years. The projects and funding will be allocated by the UKIPO/SABIP during of the life time of programme. Modern Law Review Scholarship Russell Buchan was awarded a Modern Law Review Scholarship in 2007-08 and it was renewed for 2008-09. Russell who joined the School of Law in September 2008 has submitted his thesis September 2009 to the University of Bristol. His thesis title is ‘International Society, International Community and the Changing Nature of International Peace and Security.’

Read more about the Scholarships http://www.modernlawreview.co.uk/ scholarship.asp GLOBAL JUSTICE AND SUSTAINABLE DEVELOPMENT CONFERENCE Sheffield Law School, on its own behalf and that of the International Law Association (ILA) organised the Global Justice and Sustainable Development two-day conference (Sheffield, August 2009), which brought together 75 international scholars and policy-makers from 20 countries. It secured over £3000 from the Modern Law Review’s annual competitive funding cycle, purposely designed to support seminar proposals. Participants included academics, international civil servants, government officials, and PhD students. An edited collection of papers will be published by Brill in 2010. (Left to right: Professor Hans Christian Bugge (University of Oslo), Professor Duncan French (University of Sheffield), Professor Nico Schrijver (University of Leiden), Dr Tim Stephens (University of Sydney)

Research E-Newsletter – September 2009 (Dr Kamal Hossain at the conference dinner held at the Millennium Galleries)

“Lots of thanks are due to you for organising such a high-profile event. I enjoyed the sessions I attended, from which I learnt a lot about a topic which I increasingly realize is fascinating” (delegate from UK) “Thank you very much for the interesting and very well organized conference, and for your hospitality” (delegate from Norway)

Selected feedback from our delegates highlights the success of the conference. “It was a brilliant conference. The speeches were very good: well-structured, dense, forceful, diverse in their perspective and to the point. The discussions over coffee and lunch were also invaluable. Thank you and your team very much for arranging it. I shall look on sustainable development more critically and reflect further on the agenda of global justice” (delegate from UK) “Thank you so much for your consideration and hospitality, as well as for - of course the brilliant intellectual substance of your recent symposium. It was my first visit to Sheffield - what a lovely faculty! And we were so well treated, I am certain that we will all be back!” (delegate from Canada) “Just a word to formally thank you once more, for your great work. I know what it takes to organise even a small conference” (delegate from Brazil)

“My heartfelt congratulations for having organized such a successful conference” (delegate from Bangladesh) “I have not had the opportunity to thank you personally for the wonderful conference you put together…It was, for me, worthwhile and I am beginning to plot my return to academia” (delegate from South Africa) Learn more about the conference and read paper abstracts by visiting the website. http://www.shef.ac.uk/law/clic/ conferences/gjsd09 ACADEMIC CONFERENCE ADDRESSES Estella Baker Estella was invited to participate in the workshop ‘Governing Through Risk, Governing Through Rights’ University of Nottingham, 4 February 2009

Estella with Christopher Harding (University of Wales, Aberystwyth), presented “From past imperfect to future perfect? A longitudinal study of the third pillar” at the Institute of European Law, University of Birmingham, 2-3 July 2008. Estella presented ‘Developing an interdisciplinary understanding of the European Union's evolving penal strategy’, at Centre for Responsibilities, Rights and the Law, University of Sussex, 28 October 2008. Jane Ball Jane presented ‘Using banks: How can government control of banks promote lending to finance affordable housing in France and the UK?’ and led the annual workshop on ‘Legal Aspects of Housing, Land and Planning’ at the European Network for Housing Research conference , Prague, 28 June - 1 July 2009. Rob Bradgate Rob presented ‘Swords and shields: promises, property, contracts and estoppel.’ at the Society of Legal Scholars Annual Conference , Keele University, 7-10 September 2009. Paul James Cardwell Paul and Duncan French presented ‘EU-ACP Relations: Shifting Patterns of Cooperation, Development and Ad Hoc Hegemony’ at the Global Justice and Sustainable Development Conference,

Research E-Newsletter – September 2009 School of Law, University of Sheffield, 26-27 August 2009 Paul presented 'The Institutional Theory of Law and the Common Foreign and Security Policy', at the UACES (University Association for Contemporary European Studies) Annual Conference in Angers, France, 3-5 September 2009. Lilian Edwards Lilian was invited to present ‘Pricing Privacy: Giving it away cheap?’ at 4th SCI Policy Forum, London, September 2009. Lilian presented ‘Death 2.0’, 4th GikII Conference IVIR, University of Amsterdam, Netherlands, September 2009. Lilian was invited to present ‘Cyberwar and Cyberlaw: The individual rights perspective’, Cyber Conflict Legal and Policy Conference 2009, Estonia, September 2009. Lilian was invited to present ‘Death 2.0’ at the Digital Convergences Conference, Hong Kong, China, June 2009. Lilian was invited to present ‘Death and the Web’ at SocGikII, Sydney, Australia, June 2009. Duncan French Duncan was invited to present ‘Global Principles, Universal Values and the Application of Justice and Sustainability in

Antarctica’ at the Responding to Contemporary Challenges and Threats to Antarctic Security: Legal and Policy Perspectives (Expert Colloquium), Christchurch, New Zealand, 27 June - 11 July 2009.

conference of the ‘European Economic and Social Constitutionalism after the Treaty of Lisbon - An Interdisciplinary Perspective (EESCATL)’ Jean Monnet Multilateral Research Group, University of Leeds, 4 September 2009.

Duncan was invited to present ‘International Complaint and Grievance Mechanisms’ to the Australian and New Zealand Society of International Law (ANZSIL), Wellington, New Zealand, 27 June - 11 July 2009.

Dimitrios Kyritsis Dimitrios presented 'The Normativity of the Practice of Officials' at ‘The Normative Dimension of Law’ UCSIA Workshop, University of Antwerp, 3- 4 June 2009.

Duncan was invited to present ‘Legal Framework of EU-Caribbean investment relations’ at the University of Canterbury, Christchurch, New Zealand, 27 June - 11 July 2009. Duncan presented ‘Global Justice and the (Ir)relevance of Indeterminacy’ at the Global Justice and Sustainable Development Conference, School of Law, University of Sheffield, 26-27 August 2009.

Dimitrios was invited to present 'Joseph Raz's Conception of Authority and Jurisdiction' at a conference on Experts, Law and Authority, University of Hull, 14-15 September 2009. Dimitrios was invited to participate in the UK-Analytic Legal and Political Philosophy Conference 2009, York, 18-19 September 2009.

Duncan was invited to present at 'Dimensions of Environmental Justice' seminar held at the British Academy, 9 September 2009.

Sorcha Macleod Sorcha was invited to participate in the Wilton Park Conference, ‘Private Military and Security Companies: Working Towards an International Code of Conduct.’ Nyon, Switzerland, 4-6 June 2009.

Tamara Hervey Tamara was invited to present ‘Economic and Social Integration in Europe "decoupling" or mutual dependency?’, at European Economic and Social Constitutionalism - a mid-term project

Organised in cooperation with: The Geneva Centre for the Democratic Control of Armed Forces (DCAF), The Geneva Academy of International Humanitarian Law and Human Rights, and with support from the Directorate of Political Affairs, Swiss

Research E-Newsletter – September 2009 Federal Department of Foreign Affairs. It brought together representatives of major PMSCs, industry associations from South Africa, the UK and USA, interested governments, including those which contract PMSCs, international governmental and non-governmental organisations (NGOs) and other legal and human rights experts. The Wilton Park conference sought to move the agenda forward to examine how to encourage all PMSCs to adhere to international human rights and humanitarian law standards, regardless of the situation in which they operate and the implementation of such standards in national law, by incorporation of these standards into an international Code of Conduct. It resulted in an industry-supported, draft International Code of Conduct for PMSCs. Sorcha presented ‘Doing business in a globalised world: the challenges for transnational corporations and international law’ at the Global Justice and Sustainable Development Conference, School of Law, University of Sheffield, 26-27 September 2009 Derek Morgan Derek presented ‘Markets, Responsibilities and European Health Care Law’ (coauthored with Tammy Hervey), at Markets and Responsibilities, Oxford Centre for Ethics and Philosophy of Law, 10-11 July 2009.

Derek presented ‘From Smoke Balls to Stamatelaki: All Consuming Medical Law’ at the Society of Legal Scholars Annual Conference , Keele University, 7-10 September 2009. Derek was invited to present ‘European Health Law and the Increasing Commodification of Health Care Services’ at the Health Law Institute, Dalhousie University, Canada, 18 September 2009.The seminar was co-sponsored by European Union Centre of Excellence and Dalhousie University. Aurora Plomer Aurora and Rachel Falconer (University of Sheffield) gave a joint paper on ‘The Myth of Modern Science: Metaphor and Myth in the Languages of Biology and Chemistry’, at the Fourth International Conference on the Arts in Society, Venice, 28-31 July 2009. Aurora was invited to present ‘A Fractured Landscape of Stem Cell Patents : Who owns what?’ at the Brocher Foundation Symposium on ‘From Promise to Practice: A New Epoch for Stem Cell Research’, Geneva, 4 September 2009. http://www.brocher.ch/pages/ symppasses.asp Gwen Robinson Gwen with Fergus McNeill (University of Glasgow) presented 'Legitimacy and Compliance in Criminal Justice' at a symposium organised by the University of

Leeds, 25-26 June 2009. Gwen with Loraine Gelsthorpe (University of Cambridge) and Peter Raynor (University of Wales) was invited to present ‘Pre-Sentence Reports in England & Wales: Changing Discourses of Risk, Need and Quality’, at the 3rd annual seminar of CREDOS (an international collaboration of researchers for the effective development of offender supervision), Prato, Italy, 4-5 September 2009. Gilly Sharpe Gilly with Loraine Gelsthorpe, (University of Cambridge) presented 'Women Offenders and Community Supervision' at the British Society of Criminology Annual Conference 2009, University of Glamorgan, 29 June - 1 July 2009. Gilly’s paper 'Women Offenders and Community Supervision' was also presented by Loraine Gelsthorpe at the European Society of Criminology Annual Conference 2009, University of Ljubljana, Slovenia, 9 - 12 September 2009. Carolyn Shelbourn Carolyn presented ‘Appropriating the past or appropriating private property? Would the introduction of the concept of archaeological value improve the law as a means of protecting the past?’, at the Centre for Ethics and the Cultural Heritage Conference, Durham University, 6-8 July 2009.

Research E-Newsletter – September 2009 Cathy Williams Cathy presented ‘Student projects: empirical research led teaching ‘ at the Society of Legal Scholars Annual Conference , Keele University, 7-10 September 2009. Qi (George) Zhou George presented ‘Risk Allocation and the Doctrine of Anticipatory Breach’ at the Society of Legal Scholars Annual Conference , Keele University, 7-10 September 2009. KNOWLEDGE EXCHANGE Family Mediators Association—Cathy Williams At the invitation of their president, Lord Justice Wilson, Cathy gave a guest lecture, entitled ’The Children Act complaints procedure: Panels and mediation’, at the annual conference of the Family Mediators Association. The event took place at the Royal Courts of Justice, 29 September 2009.

British and Irish Ombudsman Association—Richard Kirkham Richard with Brian Thompson (University of Liverpool) presented a report from academics on their review of public sector Ombudsman at the British and Irish Ombudsman Association Biennial Conference, University of Warwick, 7-8 May 2009.

OTHER ANNOUNCEMENTS CILASS award for Excellence Congratulations to Claire McGourlay who was awarded a CILASS award for Excellence in Inquiry Based Learning for her work on Understanding Law 2 and Pro Uno. She was awarded £2000 to support her approach to Inquiry Based Learning. PanGloss Law Blog is in the UK top ten Lilian Edwards Law blog panGloss is in the UK top ten Law blogs according to Cision Europe. Combining visitor, search and social metrics with in-house expertise, Cision identifies the most read, most discussed and most influential names in the UK Law blogosphere. Read more about the Top UK Law Blogs http://www.uk.cision.com/Resourcespage/Top-UK-Blogs/Top-UK-Blogs---Law/ Read the panGloss Blog http://blogscript.blogspot.com/ Cybercrime radio broardcasts Lilian Edwards appeared on local radio stations throughout UK and NI including Radio Sheffield on 23 September 2009. She spoke on cybercrime and the sale of personal data online, as part of an awareness campaign by Symantec the computer security people. An estimated reached 2.5 million listeners heard the broadcasts.

Death 2.0 Research in the International Press Lilian was interviewed by the Ontario Sun, the New York Times, a Swedish fashion magazine called Bon and Jewish week the biggest Jewish newspaper in the USA on my work on "Death 2.0" (what happens to your digital assets when you do), Link to Jewish Week - http:// www.thejewishweek.com/viewArticle/ c56_a16756/Editorial__Opinion/ The_Last_Word.html . Link to the Death 2.0 research here http://www.law.ed.ac.uk/ahrc/gikii/docs4/ edwards.pdf

Research E-Newsletter – September 2009 Visiting Academic Hans-Joerg Ehni Hans-Joerg is working as a researcher and lecturer at the Department of Ethics and History of Medicine, University of Tuebingen, where he is also responsible for international contacts. His background is philosophy and his current research interests are: the ethics of geriatrics, biogerontology and “anti-aging-medicine”, research ethics, especially the ethics of multinational research. Other areas of interest are the problem of moral evil, Kantian Ethics, and the philosophy of Paul Ricoeur. He is working as an ERA-AGE/ FLARE post-doc-fellow on “A normative frame for the evaluation and regulation of Age-related Biomedical Innovative Interventions”. He also cooperates in a project to develop capacities in research ethics and medical ethics in the Gabon. http://www.iegm.uni-tuebingen.de/ehni Hans-Joerg will based here and will be an active member of SIBLE until February 2010. Open letter to the Guardian Newspaper Nigel White and Sorcha MacLeod are among a group of influential international lawyers who have written an open letter that was published in the Guardian Newspaper, 14 January 2009. The letter entitled ‘UK must act to stop violations in Gaza: The UK has a duty to stop violations of international law in the conflict between

Israel and Hamas’ puts their research into the public domain. As international lawyers they are raising awareness of the conflict and the role of international community from a legal perspective.

PUBLICATIONS Jane Ball Jane Ball, ‘Insiders and outsiders in French social housing allocation: How conflicting rights exclude disadvantaged people.’ European Journal of Housing Policy, The European Journal of Housing Policy, 9, 3, September 2009, 313-336. Rachel Cooper Rachel E Cooper , ‘Legislation for Business Law 2009-2010’ (Oxford: Oxford University Press, 2009) ISBN: 9780199580651

Lilian Edwards Lilian Edwards and Charlotte Waelde (Eds), Law and the Internet, 3rd Edition, (Oxford: Hart Publishing, 2009) ISBN: 9781841138152

Stephen Farrall Stephen Farrall, Jonathan Jackson, and Emily Gray (Eds), ‘Social Order and the Fear of Crime in Contemporary Times’, (Oxford: Oxford University Press, 2009) ISBN: 9780199540815 Matthew Hall Matthew Hall, ‘Giving Evidence at age 4: Just means to just ends?, Family Law Journal, 29, 2009, 608-611

Matthew Hall and Brian Williams, ‘Victims in the Criminal Justice Process’ in ‘Criminal Justice’ Eds Anthea Hucklesby and Azrini Wahidin, (Oxford: Oxford University Press, 2009), 279-295. ISBN: 9780199215546 Simon Holdaway Simon Holdaway, ‘Black Police Associations An Analysis of Race and Ethnicity within Constabularies’, Clarendon Studies in Criminology (Oxford: Oxford University Press, 2009) ISBN: 9780199573448

Research E-Newsletter – September 2009 Richard Kirkham Richard Kirkham with Brian Thompson and Trevor Buck, ‘Putting the Ombudsman into Constitutional Context’, Parliamentary Affairs, 2009, 1-18. http://pa.oxfordjournals.org/cgi/reprint/gsp024v1

Cathy Williams Cathy Williams, ‘Dr David Southall: Miscreant or Misunderstood’ Family Law Journal, 29, 2009, 854-858.

Claire McGourlay Claire McGourlay, ‘Evidence Statutes 2009-2010’,(Oxon: RoutledgeCavendish, 2009) ISBN: 9780415458399

Qi (George) Zhou Qi Zhou, ‘Economic Analysis of Misinterpretation in Contract Law’, (Berlin: VDM, 2009) ISBN: 9783639186604

Gwen Robinson Gwen Robinson and Peter Raynor, ‘Rehabilitation, Crime and Justice’, (Basingstoke: Palgrave Macmillan, 2009) ISBN: 9780230232488 Joanna Shapland Joanna Shapland and Paul Ponsaers (Eds), ‘The informal economy and connections with organised crime: The impact of national social and economic policies’, (Meppel: Boom Juridische Uitgevers, 2009) ISBN: 9789089741646

Qi Zhou, ‘Economic analysis of the legal standard for deceit in English tort law.’ European Journal of Law and Economics, 28:83, 2009, 84-102

Thank you to all who have contributed to this edition of the newsletter. The next Quarterly E-newsletter will be coming out in December 2009. Please send your news articles to Sarah Beedham at [email protected] In the meantime keep up-to-date with all the latest news at http://www.law.dept.shef.ac.uk/news/

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