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…

Legal Analysis of the Strasbourg Deal of March 11 2019

Professor Michael Dougan, University of Liverpool, 12 March 2019 Summary: The legal form of the “Instrument relating to the Withdrawal Agreement” and / or the “Joint Statement supplementing the Political Declaration” is of little importance.  The real question is whether the new measures make any meaningful changes to the withdrawal package which was politically endorsed in November 2018 and now awaits approval in the Commons.  The Instrument largely restates existing provisions of the Withdrawal Agreement without making any appreciable additions or changes.  In particular: the “backstop” is still capable of…

JurisApocalypse Now! Law in End Times, December 2-4, 2019 (LLHAA)

Law & Humanities Blog: Call for Abstracts: JurisApocalypse Now! Law in End Times, December 2-4, 2019 (LLHAA) skip to main | skip to sidebar Call for Abstracts: JurisApocalypse Now! Law in End Times, December 2-4, 2019 (LLHAA) Southern Cross University School of Law and Justice, in partnership with the Law, Literature and the Humanities Association of Australasia (LLHAA), is proud to convene and organise the 2019 LLHAA conference titled JurisApocalypse Now! Law in End Times, which will be held at Southern Cross University Gold Coast Campus on 2-4 December 2019. The conference will explore…

Call For Proposals @popgoesthelegal @law_text

Law Text Culture: Call for Proposals for Volume 24 (2020), due May 1, 2019  The Editorial Board of Law Text Culture is seeking proposals for the 2020 edition of the Journal (Volume 24), due for publication in December 2020. Law Text Culture is a transcontinental, peer-reviewed interdisciplinary journal which aims to produce fresh insights and knowledges about law and jurisprudence across three interconnected axes: Politics: engaging the relationship of force and resistance Aesthetics: eliciting the relationship of judgment and expression Ethics: exploring the relationship of self and other. The annual…

Abrams on References To Television Shows in Judicial Opinions and Written Advocacy (Part I) @mobarnews

Douglas E. Abrams, University of Missouri School of Law, has published References to Television Shows in Judicial Opinions and Written Advocacy (Part I) at 75 Journal of the Missouri Bar 25 (Jan.-Feb. 2019). Here is the abstract. Professor Abrams authors a column, Writing it Right, in the Journal of the Missouri Bar. In a variety of contexts, the column stresses the fundamentals of quality legal writing – conciseness, precision, simplicity, and clarity. Download the article from SSRN at the link. Source link

Pitfalls for employers: dismissals and TUPE transfers | Employment Law Blog

The recent Court of Appeal case of Hare Wines Ltd v Kaur is a reminder of the caution that should be exercised by employers when carrying out dismissals either before or after a TUPE transfer. In this case, an employer attempted to argue that the dismissal in question was carried out for “purely personal reasons” unrelated to the TUPE transfer, an argument which was dismissed by the Court of Appeal. Background The Claimant was employed as a cashier in H&W Wholesale Ltd (H&W), a wine wholesale business. When H&W began…

Bradley and Siegel on Madisonian Liquidation and the Originalism Debate @curtisabradley @NeilScottSiegel

Curtis Bradley and Neil Siegel, both of Duke University School of Law, have published Historical Gloss, Madisonian Liquidation, and the Originalism Debate as Duke Law School Public Law & Legal Theory Series No. 2019-15. Here is the abstract. The U.S. Constitution is old, relatively brief, and very difficult to amend. In its original form, the Constitution was primarily a framework for a new national government, and for 230 years the national government has operated under that framework even as conditions have changed in ways beyond the Founders’ conceivable imaginations. The…

Proposel Panel for MLA 2020

Law & Humanities Blog: Call For Proposals: Persons in Poetry and Law: Proposel Panel for MLA 2020 skip to main | skip to sidebar Call For Proposals: Persons in Poetry and Law: Proposel Panel for MLA 2020 From the mailbox: Call For Proposals: Persons in Poetry and Law Proposed Panel for MLA 2020January 9-12, 2020Seattle, WA   What relationships exist between poetic and legal invocations of personhood? What emerges in examining the formal strategies involved in processes of invocation? Seeking papers that put poems and legal texts in conversation. Please…

Creating the Right To Exclude

Brian Sawers, Georgetown University Law Center, is publishing Race and Property After the Civil War: Creating the Right to Exclude in volume 87 of the Mississippi Law Journal (2018). Here is the abstract. This Article uncovers a lost history of property, showing the role that race and white supremacy played in the development of modern trespass law. Property law does not change in response to economic opportunities, evolving to ever-more efficiency. Instead, property law reflects political power. At times, the political process may reorient property law to produce a larger…