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Seminars for Academic Year 2015-2016

Seminar Material

All seminar material on the Intranet, only accessible to EUI members.

First Term Seminars


Seminars (6 credits)

Financial Stability – Concepts, Institutions and Regulation, History

Youssef CASSIS & Stefan GRUNDMANN

Tuesday, 17.10-19.10, Sala Belvedere

Administrative Assistant: Olga Lupu

6, 13, 20, 27 October, 3, 17, 24 November, 1, 8, 15 December

6 credits

Financial Stability rests on four main pillars: (i) Monetary stability (currency), (ii) stability of credit institutions (and the credit system), (iii) stability of capital markets, and (iv) budgetary stability (state budgets). At the same time, stability implies the possibility of instability, even catastrophic instability. History is rich in such examples. These four pillars are related to each other, and this became particularly visible during the financial crisis of 2008 and the Euro crisis of 2011, as well as with the regulatory responses provided to them. They appear especially related today (and the topic so timely), because the European Central Bank has been responsible for monetary stability since 1999/2002, without influence on the member states’ budget; then from November 2014, with the “European Banking Union”, it has become responsible for banking supervision (in the Eurozone) and thus for the stability of credit institutions (and the credit system); and now, the project on the EU agenda is to add a “European Capital Market Union”, again with a heavy involvement of the European Central Bank (and other EU institutions/agencies). In all this, budgetary stability has played a key role: in history, it is linked with episodes of inflation (even hyperinflation) or vice-versa; the link between state budget (bail-out of banks) and banks’ own funds (with savings banks investing too heavily in state bonds) has been highly influential in (co)triggering the Euro crisis and therefore also legislative reform, namely with the European Banking Union; and finally the ruinous World Economic Crisis of 1929 was triggered if not caused by a stock exchange crash (“Black Friday”), and vastly aggravated by the austerity measures dictated by adherence to the gold standard, with disastrous political consequences. 
The seminar is interdisciplinary in essence, drawing mainly on insights from law (primarily regulation), history and economics. The seminar is arranged around the first three “pillars” and will discuss two particularly meaningful and paradigmatic core themes in each of them . The following themes have been selected: (i) Monetary (in)stability – a) External stability (foreign exchange), b) Internal stability (mainly Euro stability); (ii) Stability of credit institutions and the credit system – a) Central Banks and Banking Regulation and Supervision (the interplay), b) Own funds requirements and supervision of internal banking organization (such as remuneration strategy and dividend policy); (iii) capital market stability – a) The (project of a) Capital Market Union (invited speaker), b) Efficiency, stability and innovation in capital markets. The seminar will devote three sessions to each “pillar” (with the two main themes named), typically with two texts on historical developments and two texts on concepts and regulation – to be read by all participants, with a short presentation by one or two researchers. The last session will be a wrap-up session in which we summarize what we have seen, mainly by exploring the links between the stability mechanisms discussed for the first three “pillars” and budgetary stability (“pillar 4”).

 

A link to the online registration form will be available here on 7 September 2015 and will remain open until 25 September 2015

 

The EU as an International Actor - Instruments, Techniques, Constraints

Marise CREMONA

Tuesday 8.45-10.45 Sala Triaria 

Administrative Assistant: Laurence Duranel

6, 13, 20, 27 October, 3, 10, 17, 24 November, 1, 8 December 2015

6 credits

In this seminar we will be examining the operation of the EU at the international level, the instruments it has available, the techniques it uses and the constraints under which it operates, the latter derived both from its own constitutional framework and from international law. Although the main focus will be the constitutional, institutional and external relations law of the EU, we will also be considering the impact of international law and different strands of IR literature on the EU as an international actor. The topics covered will include:
1. Instruments: treaties, EU domestic law including restrictive measures, financial instruments, civil and military missions, Council conclusions and guidelines.
2. Techniques: conditionality, integration, technical assistance, rule-making and advocacy.
3. Constraints: internal and external constraints deriving from the nature of the EU as an international organization, the autonomy of the EU legal order, fundamental rights.
4. What type of international actor is the EU? A soft power? A normative power? A norm exporter or a norm taker? 

 

A link to the online registration form will be available here on 7 September 2015 and will remain open until 25 September 2015

Subsidies in the World Trade Organization (WTO)

Petros MAVROIDIS & Luca RUBINI

Tuesday 13.00-17.00 Sala Triaria

Administrative Assistant: Laurence Duranel

13 October, 20 October, 10 November, 17 November, 7 December

6 credits

The seminar aims to provide a comprehensive discussion on selected topics of subsidies as they have been discussed in the WTO. WTO regulation of subsidies has been the outcome of intense negotiation between the EU and the US, where two different approaches regarding the role of state clashed during the Uruguay round (1986-95). Following the financial crisis of 2008, a rapprochement is observed, although subsidies wars in particular markets a la Airbus-Boeing continue to occur.

 

A link to the online registration form will be available here on 7 September 2015 and will remain open until 25 September 2015.

 

Jurisprudence

Giovanni SARTOR

Tuesday, 11.00-13.00, Sala Triaria

Administrative Assistant: Claudia de Concini

(Please confirm the seminar start & end dates with the seminar convenor)

6 credits

This course is an introduction to a variety of topics in contemporary jurisprudence. The course divides time equally between issues of general jurisprudence (the first half of the course) and theories of interpretation and rights (in the second).

In the general jurisprudence part of the course, we will consider leading views from the perspective of so-called “analytic jurisprudence”. While no familiarity with these views is assumed, students are advised to obtain the complete, original texts (Hart's "Concept of Law" and Dworkin's "Law's Empire") and read them in their entirety. The first three session provide the background for the debate on the nature of law and of legal interpretation: Hans Kelsen’s pure theory or law, H.L.A. Hart’s legal positivism, the criticism of Ronald Dworkin , the latter's interpretivist approach, and the Hart’s replies to such criticisms. The following three session address the evolution of that debate: the restatement of the program of legal positivism, according to the ideas of exclusive and inclusive positivism, by authors such as Joseph Raz and Jules Coleman, the reformulation of the non-positivistic position by Juergen Habermas, Robert Alexy and others, the naturalistic perspective articulated by Brian Leiter.

 

A link to the online registration form will be available here on 7 September 2015 and will remain open until 25 September 2015

Advanced Course on the Law of Treaties - Sources and Interpretation in International Law

Martin SCHEININ

Thursday, 15.00-17.00, Sala Triaria 

Administrative Assistant: Claudia de Concini

8 October – 10 December (10 sessions)

6 credits


Note: This seminar has been cancelled because Prof. Scheinin will be assuming the responsibilities of the EUI Dean of Graduate Studies as of 1 October 2015. He will teach his Term Two seminar as announced earlier. The Advanced Course on the Law of Treaties - Sources and Interpretation in International Law will be offered in the academic year 2016-2017.


 This course will explore a range of issues pertaining to the law of treaties and more generally the sources of international law. The 1969 Vienna Convention on the Law of Treaties (VCLT) will form a frame of reference for the discussions but not be subjected to systematic study. Rather, the course seeks to go beyond and behind the VCLT through in-depth examination of specific topics that are indicative of more general issues and problems. The course is an updated and revised version of the 2013 edition.

Among the session topics are:
• The concept of treaty and its various manifestations;
• The ‘special character’ of human rights treaties (including the availability of reservations to human rights treaties);
• The complex interrelationship between various sources of international law;
• Rules of interpretation in the VCLT and their applicability to human rights treaties, statutes of international courts and tribunals as well as other international instruments;
• The interplay between primary norms as contained in ‘legislative’ treaties and secondary norms reflected in articles on state responsibility (for example, the Genocide Judgment, ICJ);
• Enforcement mechanisms (or lack thereof) available in different branches of international law; and
• Relationship between domestic law and international obligations in public international law and human rights law.

The course is addressed to researchers focusing on public international law, international humanitarian law, international criminal law, human rights law or another branch of international law, but also others who wish to gain a perspective on the sources of international law and develop their methodological skills in utilizing international legal sources in their research. Hence, this course provides skills in the methodology of international law. The discussions on treaty interpretation and on soft law overlap with my Term Two seminar of 2014-2015 on human rights research methodologies. Even here, the readings and the examples will be different.
All participants are required to read the assigned materials and engage in the discussions. The reading materials for all sessions will be available online before 7 September 2015. The possibility for including 1st, 2nd or 3rd year presentations in the course will depend on the size of the group.

Editing a Scholarly Journal: The EJIL ICON Academic Practice Seminar

Joseph WEILER

Tuesday 17.15-19.15, Badia, Seminar Room 2  (Except on 9 October: 14.00-16.00)

Contact: Bosko Tripkovic

9 October, 13 October, 10 November, 24 November, 7 December

(Two-term seminar) 6 credits in total for attendance over two terms

The European Journal of International Law (EJIL) and the International Journal of Constitutional Law (ICON) are both edited at the EUI. This seminar will introduce researchers to the main features of academic journal publishing, and in particular, it will provide training in the main quality control in academia: the peer-review process. In the age of the Internet and SSRN, with so much self-published material drowning all of us, serious peer reviewing, we believe, becomes more essential than ever.
This seminar will provide insights into the peer-review process from a journal’s point of view. The seminar will discuss manuscripts and evaluations of manuscripts submitted to the two journals. Participants will be in contact with authors and peer-reviewers and follow manuscripts from submission to publication. The participants will also develop skills on how to produce a thoughtful evaluation of a manuscript and will act as screeners and peer reviewers (alongside established scholars) for submitted articles. 
An editorial meeting will take place once a month over two terms. Those who enroll in the seminar must commit to regular attendance and meticulous preparation of the assigned materials. This seminar is open to a maximum of 16 participants. Researchers wishing to apply are kindly requested to send their CV and a letter of motivation, stating their areas of research to the Bosko Tripkovic by 30 September 2015. The selection process will take into account several criteria – the two most important are diversity of legal expertise and national background. Researchers in all branches of legal research are welcome to apply. The seminar is not open to first-year researchers.

 

Law and Culture - Culture and Law

Joseph WEILER

Thursday 8.45-10.45, Badia, Seminar Room 2 & 3 (Except on 8 October: 8.00-10.00)

Contact: Bosko Tripkovic

8 October (SR 2), 22 October (SR 3), 30 October (SR 2), 16 November (SR 2), 10 December (SR 2)

(Two-term seminar) 6 credits in total for attendance over two terms

For 2nd, 3rd and 4th year researchers

This seminar will explore the relationship between law and culture. Culture understood not in the narrow sense of 'cultural products' (this is not a seminar about intellectual property, traffic in stolen art, etc) but of culture in its broader sense as a category equivalent to 'politics' or 'economics' as explaining our social context and human condition. We will explore how culture shapes the law and the law shapes culture. 

The seminar will essentially focus on a discussion of a series of readings of the likes of Savigny, Gramsci, Bourdieu, Marx, McKinnon, JB White and others. A full syllabus will be distributed closer to the beginning of the seminar. 

Because of my complicated schedule, the seminar will meet twice a month over two semesters, but will be equivalent (credit wise) to a one semester seminar. There is likely to be some rescheduling during the year for the same reason. I apologize in advance. The seminar is open to researchers from all departments - in their second year and beyond. One may not enroll for one semester only.

Auditors - by permission only - must commit to regular attendance and full preparation and participation.

Participants will be required to submit a paper on a topic to be agreed with me, of 8K-10K by the end of summer 2016. Papers may be jointly authored.  

  

A link to the online registration form will be available here on 7 September 2015 and will remain open until 25 September 2015

Short seminars (3 credits)

The More Economic Approach in Antitrust, a short course

Giorgio MONTI

Administrative Assistant: Annick Bulckaen

(Please confirm the seminar start & end dates with the seminar convenor)

3 credits

This will be a set of panel discussions with outside speakers examining how far the more economic approach is something that in fact shapes enforcement of competition law, the justifications for the adoption of this approach and the challenges it raises.

 

A link to the online registration form will be available here on 7 September 2015 and will remain open until 25 September 2015

 

 

Intensive Courses

Methodologies of Legal Theory

Lawrence SOLUM

14-16 December 2015, Sala Europa

Administrative Assistant: Olga Lupu

6 credits

This course will examine the foundations of contemporary legal theory.  The course will begin with an introductory session that examines the subject matter of legal theory and the “toolkit” of concepts, ideas, and techniques employed by contemporary legal theorists.  The next session will explore legal realism and legal formalism, with a particular focus on contemporary versions of this classic position in legal theory.  Two sessions will be devoted to normative legal theory—exploring the relationship between law and morality, the variety of contemporary positions in moral philosophy, and some the leading views in political theory.  The penultimate session will be devoted to positive legal theory, including empirical legal studies, a brief introduction to positive law and economics, and positive political theory (or the game theoretic study of legal institutions).  The final session will be devoted to theories of legal interpretation and construction.

Time

Session

Topic

Readings

Monday, 14 December 2015

9:30-11:00

1

Introduction to Contemporary Legal Theory

Jurisprudence, the Philosophy of Law & Legal Theory

Toolkits

11:30-13:00

2

Realism & Formalism

Oliver Wendell Holmes, Jr., The Path of the Law

Brian Leiter, American Legal Realism

A Neoformalist Manifesto

 

Tuesday, 15 December 2015

9:30-11:15

3

Normative Legal Theory, Part One

The Nature of Law

Ronald Dworkin, Hard Cases

Public Reason

11:45-13:00

4

Normative Legal Theory, Part Two

Consequentialism

Welfarism, Well-Being, and Happiness

Deontology,

Virtue Ethics,

Contratarianism and Contractualism

The Veil of Ignorance

Civic Republicanism

 

Wednesday, 16 December 2015

9:30-11:15

5

Positive Legal Theory

Tracy George, An Empirical Study of Empirical Legal Scholarship

Lee Epstein & Andrew Martin, Approaches to Empirical Legal Research

David Law, Positive Political Theory and the Law

11:45-13:00

6

Interpretation and Construction of Legal Texts Distinction

The Interpretation-Construction Distinction

William Eskridge, Gadamer/Statutory Interpretation

 

A link to the online registration form will be available here on 7 September 2015 and will remain open until 25 September 2015

 

Workshops 

Legal and Institutional Dimensions of EMU (Intensive Course)

Claire KILPATRICK & Giorgio MONTI

22 - 23 October 2015

Administrative Assistant: Laurence Duranel

An intensive workshop on October 22 and 23 2015 with three hour sessions on each of the following four themes

6 credits

1. Conditions posed to legal change in reaction to the Eurozone crisis at both EU and national level (such as competence constraints, fundamental rights limits)
2. Legal aspects of the overall new EMU package (e.g. Macro-economic Imbalance Procedure, Excessive Deficit Procedure, Broad Economic Policy Guidelines)
3. Legal aspects of risk-sharing mechanisms (e.g. European Stability Mechanism, prospects for Euro-bonds)
4. Legal aspects of banking union (emphasis on: Single Supervisory Mechanism, Single Resolution Mechanism, deposit insurance)

Participants will explore issues of EU legal and institutional design within the specific and dynamic area of EMU and the closely related area of banking union. Sessions on each of the four themes will be moderated by a mixture of invited externals and EUI Faculty. Materials will be circulated by Thursday 1 October to allow time to have thoroughly read and prepared in advance of the intensive seminar. A key goal is to clearly understand and articulate how legal design issues interact with EU economic and monetary policy objectives. To this end each seminar participant will prepare a brief (5 page) policy statement which sets out the legal issues of one of the four issues above in ways comprehensible to non-lawyers. This will be submitted by Tuesday 3 November at midday to Laurence.Duranel@eui.eu. Feedback will be provided on each seminar participant’s policy statement.
This seminar forms part of an EUI-led project on A Dynamic Economic and Monetary Union involving the Law and Economics Departments and funded by Horizon 2020. Policy statements will be presented by Law Faculty to Economists participating in the project on Friday 11 and Saturday 12 December 2015. Seminar participants are welcome to attend.

 

A link to the online registration form will be available here on 7 September 2015 and will remain open until 25 September 2015

 

 

Second Term Seminars


Seminars (6 credits)

Current Issues in EU Law

Marise CREMONA, Bruno DE WITTE & Deidre CURTIN

Tuesday 11.00-13.00, Sala Triaria

Administrative Assistant: Laurence Duranel

(Please confirm the seminar start & end dates with the seminar convenor)

6 credits

This seminar, to be held in the second term, will examine a number of recent developments in EU law, including both legislation and case law. The precise topics to be chosen will be finalised during the autumn, but will include issues related to Union Membership, Internal Market Law, European Administrative Law, EU Migration Law, EU External Relations Law and EU Fundamental Rights Law. The aim will be to put the specific development or issue in its context, so as to provide not only a ‘refresher’ course or update on recent developments but also an opportunity to reflect on the direction the law is taking on a number of current issues and whether any overall trends can be identified.

 

A link to the online registration form will be available here on 9 November 2015 and will remain open until 27 November 2015

Executive Power of the EU – Beyond the Books, With the Authors 

Deirdre CURTIN

Thursday 11.00-13.00, Sala Triaria

Administrative Assistant: Claudia de Concini

(Please confirm the seminar start & end dates with the seminar convenor)

6 credits

This course will focus on the law and politics of incremental executive power of the EU, how it comes into being, how it is re-enforced in practice and the manner in which it is situated, if at all, within a system of democratic checks and balances. The context is the evolving and dynamic legal and political systems of the EU with particular emphasis on recent institutional practices. In addition to a number of core and framing horizontal sessions, the formula will be to actively engage with a number of international authors of scholarly (empirical) books on different institutions and various multi-disciplinary perspectives that will attend one session each. Particular emphasis will be placed on the dynamic role and practices of actors such as the European Council, the Commission, the European Central Bank, the Agencies and the Courts in Luxembourg. Authors will be invited to lead a session focusing on a specific actor and/or perspective.

 

A link to the online registration form will be available here on 9 November 2015 and will remain open until 27 November 2015

Theoretical Foundations of Business Organization and Regulation

Stefan GRUNDMANN

Monday 15.00-17.00, Sala Triaria

Administrative Assistant: Olga Lupu

(Please confirm the seminar start & end dates with the seminar convenor)

6 credits (Optional* 3 Credits)

The seminar focuses on core features of business organization. Business organization takes three forms mainly: firms (companies), long-term contractual arrangements, in virtually all cases arranged in networks of contracts (the so-called organizational contract), and (organized) markets. The seminar focuses on the former two forms mainly, i.e. on companies and on the organizational contract. These are the areas where parties really do extensive drafting and planning, and complex decision making is required from all parties involved. The seminar thus deals with areas such as company law, capital market law, commercial and contract law, to some extent also market regulation, but only as a background for the areas named. Market regulation – albeit only in one particular market and area – was the focus of the (interdisciplinary) seminar on Financial Stability in the winter term; hence the seminars complement each other for the area of (European) commercial law and business regulation in the large sense.
The seminar is aimed at four objectives mainly: firstly, to give participants insight into core theoretical explanations of the phenomena discussed – stemming mostly from legal theory, economics and economic sociology; secondly, to relate this theory to concrete legal problems and arrangements; thirdly, to compare and assess the respective advantages of arrangements in firms and arrangements in long-term contractual network arrangements; fourthly, to give some overview on European private law existing with respect to these questions and areas. In this way, the aim of the seminar is to show how to combine theory and substantive law in writing a thesis (mainly in private law areas) and to give an overview on core areas of European private law. In some instances, the focus will be on a comparison between the EU and the US approaches.
The participants will be required to read 1-3 papers for each session (just reading), and to give one short introduction to the material of one session or to serve as prime interlocutor for this session (more thorough preparation, also on background information).

The topics discussed will include:

1. Overview I. Companies
2. Overview II: Organizational Contract
3. Some Basics of Law, Institutional Economics and Governance
4. The Theory of the Firm
5. The Interplay of Stakeholders in Firms
6. The Principal’s Decision Taking
7. Takeovers, Proxy Fights and Shareholder Empowerment: Europe and US compared
8. Economics and Sociology of Contractual Long-term Network Arrangements
9. Franchising, Distribution Chains and European Contract Law Payment Systems, Investments Services and Markets, and European Contract

 

A link to the online registration form will be available here on 9 November 2015 and will remain open until 27 November 2015

Rules of Origin in International Trade

Petros MAVROIDIS & Luca RUBINI

Tuesday 17.15-19.15, Sala Triaria

Administrative Assistant: Laurence Duranel

(Please confirm the seminar start & end dates with the seminar convenor)

6 credits

This seminar will discuss the historic background of the current WTO negotiation on rules of origin, and the current state of affairs. We will pay particular attention to preferential rules of origin, and relevant practice by main hubs (EU, US).

 

A link to the online registration form will be available here on 9 November 2015 and will remain open until 27 November 2015

Comparative Competition Law Discourses

Giorgio MONTI

Monday, 11.00-13.00, Sala Triaria

Administrative Assistant: Rossella Corridori

(Please confirm the seminar start & end dates with the seminar convenor)

6 credits

This course is designed as follows: in the first part we cover the main competition law prohibitions by looking at the approaches in the EU and the US. This should be accessible to non-specialists and is specifically designed to focus on reading case law from the ECJ and the US Supreme Court. In the second part we widen the geographical scope by considering secondary literature on other jurisdictions and consider transnational efforts to regulate competition. The running theme is to discover what tensions and discourses animate antitrust enforcement.

 

A link to the online registration form will be available here on 9 November 2015 and will remain open until 27 November 2015

Responsibility and Human Action

Dennis PATTERSON 

Thursday, 8.45-10.45, Sala Triaria

Administrative Assistant: Olga Lupu

(Please confirm the seminar start & end dates with the seminar convenor)

6 credits

This course will take up the question of the proper theory of responsibility for human action. Of interest to philosophers, lawyers and social scientists, responsibility for action is currently a controversial and much-discussed topic. We will look at contemporary literature in philosophy, law, and neuroscience. Participants will be required to read all assigned materials and to lead the discussion at least once in the course of the seminar.

 

A link to the online registration form will be available here on 9 November 2015 and will remain open until 27 November 2015

Internet Law and Politics

Giovanni SARTOR & Alexander TRECHSEL

Monday 17.15-19.15, Sala Triaria

Administrative Assistant: Claudia de Concini

(Please confirm the seminar start & end dates with the seminar convenor)

6 credits

 

A link to the online registration form will be available here on 9 November 2015 and will remain open until 27 November 2015

Research Methodologies in Legal Human Rights Scholarship II

Martin SCHEININ

Tuesday, 15.00-17.00, Sala Triaria 

Administrative Assistant: Claudia de Concini

12 January – 15 March 2016
(Please confirm the seminar start & end dates with the seminar convenor)

6 credits

This seminar is intended for researchers working on topics related to human rights (broadly understood) but also for those who otherwise are interested either in international law or in interdisciplinarity. It builds upon a “Part I” seminar series offered in January-March 2015 but is suitable both for researchers that participated in that seminar and for researchers who did not. The session topics are new. The seminar will provide multiple perspectives into various research methodologies in human rights scholarship. The identification of customary norms of human rights law, the relationship between human rights law and the law of state responsibility and the relationship between individual and collective rights will be discussed as predominantly legal topics. Interdisciplinarity will also be addressed, including through a sessions on the moral foundations of human rights (law), and on lessons to be drawn from economics and anthropology. One session will include a “skills” oriented session on how to read cases by the European Court of Human Rights. 
All participants are required to read the assigned materials and engage in the discussions. The reading materials for all sessions will be available online before 15 December 2015. The possibility for including 1st, 2nd or 3rd year presentations in the seminar will depend on the size of the group.

 

A link to the online registration form will be available here on 9 November 2015 and will remain open until 27 November 2015

Editing a Scholarly Journal: The EJIL ICON Academic Practice Seminar

Joseph WEILER

Tuesday 17.15-19.15, Badia, Seminar Room 2
Except on 2 February: 18.00-20.00

Contact: Bosko Tripkovic

12 January, 19 January, 2 February, 9 February, 23 February, 15 March

(Two-term seminar) 6 credits in total for attendance over two terms

The European Journal of International Law (EJIL) and the International Journal of Constitutional Law (ICON) are both edited at the EUI. This seminar will introduce researchers to the main features of academic journal publishing, and in particular, it will provide training in the main quality control in academia: the peer-review process. In the age of the Internet and SSRN, with so much self-published material drowning all of us, serious peer reviewing, we believe, becomes more essential than ever.
This seminar will provide insights into the peer-review process from a journal’s point of view. The seminar will discuss manuscripts and evaluations of manuscripts submitted to the two journals. Participants will be in contact with authors and peer-reviewers and follow manuscripts from submission to publication. The participants will also develop skills on how to produce a thoughtful evaluation of a manuscript and will act as screeners and peer reviewers (alongside established scholars) for submitted articles. 
An editorial meeting will take place once a month over two terms. Those who enroll in the seminar must commit to regular attendance and meticulous preparation of the assigned materials. This seminar is open to a maximum of 16 participants. Researchers wishing to apply are kindly requested to send their CV and a letter of motivation, stating their areas of research to Bosko Tripkovic by 30 September 2015. The selection process will take into account several criteria – the two most important are diversity of legal expertise and national background. Researchers in all branches of legal research are welcome to apply. The seminar is not open to first-year researchers.

 

Law and Culture - Culture and Law

Joseph WEILER

Tuesday 17.15-19.15, Badia, Seminar Room 2 & Sala del Capitolo 

Contact: Bosko Tripkovic

16 February (SR 2), 1 March (SR 2), 22 March (SR 2), 5 April (Sala del Capitolo), 12 April (SR 2)

(Two-term seminar) 6 credits in total for attendance over two terms

(For 2nd, 3rd and 4th year researchers)

This seminar will explore the relationship between law and culture. Culture understood not in the narrow sense of 'cultural products' (this is not a seminar about intellectual property, traffic in stolen art, etc) but of culture in its broader sense as a category equivalent to 'politics' or 'economics' as explaining our social context and human condition. We will explore how culture shapes the law and law shapes culture. 

The seminar will essentially focus on a discussion of a series of readings of the likes of Savigny, Gramsci, Bourdieu, Marx, McKinnon, JB White and others. A full syllabus will be distributed closer to the beginning of the seminar.

Because of my complicated schedule, the seminar will meet twice a month over two semesters, but will be equivalent (credit wise) to a one semester seminar. There is likely to be some rescheduling during the year for the same reason. I apologize in advance. The seminar is open to researchers from all departments - in their second year and beyond. One may not enroll for one semester only. 

Auditors - by permission only - must commit to regular attendance and full preparation and participation.

Participants will be required to submit a paper on a topic to be agreed with me, of 8K-10K by the end of summer 2016. Papers may be jointly authored. 

 

Researchers who want to attend this seminar should register for it in Term 1. 

Short seminars (3 credits)

Comparative Law

Ruth RUBIO MARIN

Tuesday, 11.00-13.00, Sala Triaria

Administrative Assistant: Rossella Corridori

Monday 1 February 2016, Mansarda: 15.00-17.00 and 17.15-19.15
Tuesday 2 February, Mansarda, 15.00-17.00 
Wednesday 3 February, Mansarda 15.00-17.00 and 17.15-19.15

3 Credits

This short seminar seeks to discuss some of the key issues regarding the discipline and method of comparative law. Why should scholars engage in the exercise of comparative law? What is the added value of comparison? The seminar seeks to discuss the main taxonomies of comparative law and the classification of legal families, and critically assess their relevance for sound comparison. It addresses the challenge around legal transplants. It features a very special guest, Justice Ruth Bader Ginsburg from the US Supreme Court, with whom the specific question of the use of comparative law in adjudication will be discussed.

 

A link to the online registration form will be available here on 9 November 2015 and will remain open until 27 November 2015. 

Law and diversity: Current European Issues

Ruth RUBIO MARIN & Bruno DE WITTE

Tuesday, 11.00-13.00, Sala Triaria

Administrative Assistant: Rossella Corridori

Monday 14 March 2016, Mansarda: 11-13; 15-17 and 17:15-19:15, Tuesday 15 March 2016, Mansarda: 15-17 and 17:15-19:15

3 Credits

This short seminar will describe the challenge of non-conformity posed by identities and practices related to one’s gender, parenting, sexual and language identity.
By discussing gender stereotyping, surrogacy, transgenderism and intersexuality as well as demands for linguistic conformity through the prisms of both European and European Human Rights Law the seminar encourages us to think of gender, sexuality and language as sources of diversity that the law has a capacity to recognize or repress.

 

A link to the online registration form will be available here on 9 November 2015 and will remain open until 27 November 2015.

Intensive Courses

Law and Economics

Simon Deakin

16-18 March 2016

Administrative Assistant: Olga Lupu

6 credits

The  course  will  provide  an  introduction  to  theories  and  methods  in  the field  of  law  and  economics  and  will  show  how  they can  be  applied to  some  issues  of  regulation and  policy.  The  initial  sessions  will introduce and analyse foundational approaches and concepts: the 'Coase theorem'; game theory and  behavioural  law  and  economics;  and  institutional  and  evolutionary  economics.  Then there will be discussion of the use of law – and - economics approaches in the contexts of law and finance, labour market  regulation,  and  competition  policy.  There will  also  be  brief  consideration  of  the  use  of  statistical and experimental methods in law and economics, which will look at how these differ from the  interpretative  methods  used  in  legal  scholarship,  and  how  they might  be  combined  with them.

No  prior  knowledge  of  economic  theory  or  methods  on  the  part  of  those  taking  the  course  is required.

 

A link to the online registration form will be available here on 9 November 2015 and will remain open until 27 November 2015

Qualitative Methods for Law and Society Research

Claire KILPATRICK, Nehal BHUTA & Tobias KELLY (Edinburgh U.)

Administrative Assistant: Olga Lupu

Intensive course - 25-29 April 2016

6 credits

This is a one-week intensive course to give PhD researchers instruction in research design and methodology for socio-legal research. The course will take place over 5 working days, meeting approximately 4 hours per day. Materials will be made available well in advance. The aim of the course is to equip those students whose projects require socio-legal methods a “deep-dive” into relevant approaches and to provide a foundation for additional self-learning. It will begin by situating Qualitative Legal Methods within socio-legal research and legal research. Different genres of socio-legal thought in anthropology, sociology and political science will be introduced and we will consider the utility of using these methods. Exemplary uses of qualitative legal methods will be considered, compared and assessed. Participants will also carry out some field-work, consider key issues in design and implementation, reflect on these matters in relation to their own projects and discuss how to go about using qualitative legal methods in their own work.

 

A link to the online registration form will be available here on 9 November 2015 and will remain open until 27 November 2015

 

Page last updated on 29 July 2015