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Advice and Consent vs. Silence and Dissent: The Contrasting Roles of the Legislature in U.S. and U.K. Judicial Appointments
No full textThe Senate’s role in judicial appointments has come under increasingly withering criticism for its uninformative and “spectacle”-like nature. At the same time, Britain has established two new judicial appointments processes—to accompany its new Supreme Court and existing lower courts—in which Parliament plays no part. This Article seeks to understand the reasons for the inclusion and exclusion of the legislature in the U.S. and U.K. judicial appointment processes adopted at the creation of their respective Supreme Courts (albeit created 220 years apart*).
The Article proceeds by highlighting the ideas and concerns motivating inclusion of the legislature in judicial appointments in the early American state constitutions, Articles of Confederation, and U.S. Constitution, noting how the Senate’s role has evolved since the time of the Constitution’s ratification. (Part I) The Article then charts the principal ideas and concerns motivating the U.K. Constitutional Reform Act’s (CRA) overhaul of Britain’s judicial appointment systems and rejection of a parliamentary role. The Article also notes the Brown Administration’s post-CRA exploration of the possibility of parliamentary involvement in judicial (and other) appointments. (Part II)Thereafter, the Article compares and contrasts the reasons for inclusion and exclusion of the legislature in U.S. and U.K. judicial appointments. (Part III)
* [The U.S. Supreme Court was established by the U.S. Constitution in 1787 and began operating in 1789. The U.K. Supreme Court was established by the Constitutional Reform Act 2005 and began operating in 2009.
Colonial copyright: an early case of globalisation
No full textThe author provides an account of the legal history of copyright law in the former British colonies, seen and understood from the colonized side. He looks at the ways in which colonial copyright can be considered as an early instance of “legal transplant” and local adaptation of emerging international practice and agreement. Article by Michael Birnhack (Professor of Law, Tel Aviv University, Israel and IALS Fellow) - published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London
Terrorism litigation as deterrence under international law - from protecting human rights to countering hybrid threats
No full textArticle by Sascha-Dominik Bachmann (Senior Lecturer in Law, School of Law, University of Portsmouth) (Senior Llecturer in law, University of Portsmouth)providing a brief overview of the current state of anti-terrorism litigation under US federal law for the adjudication of international torts such as terrorism and other serious human rights violations. Corporate terrorism litigation focuses on the role and impact of both corporate and individual financial aiders and abettors of international terrorism and explores the desirability and feasibility of subjecting these non-state actors to transnational human rights litigation
Open Access Journal Publishing and Amicus Curiae
No full textJulian Harris describes the successful JISC-funded project to create an Open Journals publishing system in the School of Advanced Study linked to the School’s e-repository SAS-Space, through which the Institute is pleased to make Amicus Curiae available online
The spread of international arbitration: a survey based on views expressed in leading textbooks
No full textAnthony Connerty (Barrister and Chartered Arbitrator) looks at the treatment of international arbitration in four major works, and considers the views expressed by the authors, editors and contributors on the spread of the use of international arbitration. The works considered are: Redfern and Hunter on International Arbitration; International Commercial Arbitration, by Gary B. Born; Arbitration in Asia, edited by Michael Moser; International Commercial Arbitration in New York, edited by James H. Carter and John Fellas
Utmost good faith – unintended injustice?
No full textA brief commentary on measures in the Consumer Insurance (Disclosure and Representations) Bill 2011 which amend the duty of utmost good faith as it applies pre-contractually to consumers – abolishing the duty of disclosure and altering the remedies available to an insurer for misrepresentation. Article by Peter Tyldesley, Senior Research Fellow in Law, St Mary’s University College, Twickenham - published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London
Warning: exchange of commercially sensitive information between competitors may result in an infringement of Article 101 TFEU by object
No full textThis paper considers which circumstances constitute an infringement of Article 101 of the Treaty on the Functioning of the European Union (TFEU) by object. It also sets out the recent attempts to clarify this sophisticated issue of information exchanges between competitors, and provides a description of the European Commission's success and the European Court of Justice's failure to assist businesses with developing compliance strategies. Article by Anna Kaczor (doctoral candidiate, Warsaw University) published in Amicus Curiae – Journal of the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies. The Journal is produced by SALS at the IALS (Institute of Advanced Legal Studies, School of Advanced Study, University of London)
The House of Lords Reform White Paper and draft Bill 2011 and a simpler alternative
No full textA consideration of the House of Lords Reform White Paper and draft Bill 2011 arguing that the proposals they contain to transform the House of Lords into a democratically legitimate second chamber follow from false choice and involve high cost and level of complexity. The author sets out a simpler proposal, developed from his submission to the Parliamentary Joint Committee on the draft House of Lords Reform Bill. Article by James Hand, Associate Senior Lecturer, School of Law, Portsmouth Business School, University of Portsmouth
The Impact and Embedding of an Established Resource: British History Online as a Case Study
No full textA Rapid Impact Analysis of British History Online, the digital library for British history from the IHR. It investigates the ways in which users engage with the resource and suggests, after consultation with users, a suite of tools and features that will be developed in order further to meet the needs of students and teachers. The study utilised the Toolkit for the Impact of Digital Scholarly Resources (TIDSR), developed for the JISC.
The investigation carried out as part of a JISC-funded project, part of the Impact and Embedding of Digital Resources strand of the Digitisation and e-Content Programme. The project ran from October 2010 to March 2011