Oxford law news

Summer 2011  Issue Fifteen

The first year of the new Master’s in Law and Finance was celebrated at the end-of-year dinner in July. See page 4. Photos © Rob Judges

Oxford judges Contents The tradition of Oxford alumni on the bench is remarkable, and it has a future. Features ...... 2 Judges who studied in Oxford serve today on the South African Constitutional Court, the Bundesgerichtshof, and the European Court of Justice. The Oxford judge on the News ...... 12 European Court of Human Rights, Sir Nicolas Bratza, has just been appointed President of the Court. There are two Oxford judges each on the Australian High Court and the Academic Events ...... 18 United States Supreme Court. There is one on the Canadian Supreme Court, and there are two on the Ontario Court of Appeal. Centre News ...... 24 The tradition includes Matthew Hale and Lord Mansfield and William Blackstone and Lord Eldon. Many of the great judges of the twentieth century are in the group: Atkin, Radcliffe, Research & Grants ...... 30 Greene, Evershed, Denning, Diplock, Scarman and Bingham. In the modern era of English judging since the 1873 Judicature Act, there have been four Lord Chief Justices from Oxford, Honours ...... 35 five Masters of the Rolls, and 13 of those politician-judges, the Lord Chancellors. In Scotland, six of the 35 Senators of the College of Justice studied in Oxford. Student News ...... 38 Not all of these judges studied law in Oxford. There was no teaching in English Law before Blackstone in the 1750s, nor any degree in the subject until the 1860s. Even then, the law Mooting ...... 42 degrees attracted few of the best students before the 1940s. That has changed, and more go to the bench today with the benefit of an Oxford Law degree. Of the 34 Lords Justices of Appeal Publications ...... 46 in the Court of Appeal for England and Wales today, 15 studied at Oxford; one studied classics and one studied history, and all the others studied law, as undergraduates or graduates or College News ...... 48 both. But still today, very many Oxford alumni go into law after reading another subject. The tradition is partly due to the role of Oxford in public affairs in Britain over centuries, and Arrivals and Departures ...... 50 internationally over recent decades. It is also due to the Oxford way of teaching. Tutorials give sound training in advocacy, whether the subject is history or law or mathematics. And the Alumni Events ...... 58 common law systems have tended to seek well-equipped advocates for the bench. To judge from our students in 2011, the tradition will live on in the years to come. It will Scholarships ...... 60 increasingly be tied to the teaching of law, which has become a strength of the University. The judicial tradition will diversify from its white, male antecedents. But one thing will not change. Benefactors ...... 60 The key technique – asking students to explain their own judgment – is part of our future. Timothy Endicott

www.law.ox.ac.uk The Faculty of Law, University of Oxford, St Cross Building, St Cross Road, Oxford OX1 3UL T: +44 1865 271490 F: +44 1865 271493 E: [email protected] the faculty of law at the university of oxford Oxfordfeature Law News Oxford Law Newsfeature Being at All Souls Andrew Burrows Law across Professor of the Law of the University England The Law Faculty today is increasingly engaged in connections between legal scholarship and other The Senior Research Fellowship disciplines, and that means working in new ways with other at All Souls has given me the parts of the University. Tony Honoré’s ‘welcome opportunity to devote extended periods of time to research Colloquium projects. My main initial project Finance and taxation is to produce a Restatement of the The Master’s in Law and Finance programme is a unique In 2008, many of us came together English Law on Restitution of Unjust collaboration between the Law Faculty and the University’s at All Souls College to celebrate Tony Honoré’s record-breaking 60 years as a Enrichment. Although Restatements Saïd Business School (see p4–5). We are also partners in front-line member of the Law Faculty, are common in the United States, research with the Business School through the Centre for including 20 extra years of teaching the idea is novel in this jurisdiction. Business Taxation. and writing after his official retirement The Restatement will comprise a as Regius Professor of Civil Law. statement of principles along with a Public policy succinct commentary. It is proving The University’s new Blavatnik School of Government was to be an exciting and intellectually launched in September 2010, and plans to admit students very demanding task and I am for the Master’s in Public Policy from Michaelmas 2012. grateful for the invaluable assistance The Law Faculty is working with the School, to ensure that of an Advisory Group comprising students in the new Master’s programme will gain a useful academics, judges and practitioners. understanding of the distinctive legal opportunities and All Souls, with its unique devotion challenges that arise in the making and implementation of All Souls is a major centre for the law. to research and its wide variety of public policy. We believe that legal studies in Oxford can gain Archbishop Chichele, a lawyer, founded Fellows, not least the many visiting from collaboration with scholars of public policy. The Dean the college in 1438, and lends his name academics, provides a wonderful of the Law Faculty serves on the new School’s Management to the five Chichele Professorships, working environment.’ Committee, and Anne Davies is working with the School of including the Chair in International Government on the development of its academic programme. All Law (held by Vaughan Lowe), and the Just three years later, in May 2011, we Nicola Lacey Chair in Social and Political Theory were back at All Souls to celebrate Professor of Criminal Law (held by the legal philosopher Jeremy another Honoré milestone, namely Human rights Waldron). William Blackstone was the Tony’s 90th birthday. It is a pleasure to and Legal Theory In 2010, the Law Faculty and the Department for Continuing first Professor in any university to teach report that Tony remains as active in Education agreed that the Faculty would co-operate in the common law, as Vinerian Professor the life of Oxford Law now as in 2008, of English Law (his successor today is and indeed as in 1988. He continues provision of the Department’s two-year part-time Master’s Souls Professor John Gardner Andrew Ashworth). The College is also to teach two BCL courses a year, and in International Human Rights Law. Students from all home to the Professor of Criminology yet another book (Justinian’s Digest: It has been a wonderful privilege over the world take the course, and many go on to work in University College, (Ian Loader), and the Regius Professor Character and Compilation) was to take up a Senior Research international organizations. Quondam Fellow of All Souls of Civil Law (Boudewijn Sirks). The recently published by OUP. Fellowship at All Souls this year International human rights law is also a central component Anson Room in the beautiful Codrington At his 90th birthday celebration, ‘ and to rediscover the intellectual in the University’s highly-respected Master’s in Refugee and writes, Library has a substantial collection convened by current Regius Professor of law reports and monographs, and Boudewijn Sirks, three of Tony’s closest excitement of Oxford. I am currently Forced Migration Studies. The Law Faculty works with the working on a cross-disciplinary Refugee Studies Centre, the Director of which is a member particular strength in legal works on the academic friends gave talks in his honour. civil and common law of the sixteenth to Nicola Lacey, Senior Research Fellow at All study of the development of ideas of the Faculty. We are currently working with the Centre on of responsibility for crime since fundraising to endow a permanent post in the field. eighteenth centuries. Souls, spoke of Tony’s part in the history At present the All Souls lawyers include of Oxford legal theory, especially in the the eighteenth century; and on the Congratulations to Andrew Burrows one Examination Fellow (Fraser Campbell intellectually revolutionary era of the 1950s comparative political economy of International relations and Nicola Lacey, who took up Senior of Clifford Chance LLP), one Visiting and 60s, and picked out three favourite criminalisation and punishment. Very important links also exist between International Law in Research Fellowships at All Souls College Fellow (Professor Campbell McLachlan Honoré papers for particular appreciation. It has been marvellous to have the Oxford and international relations, a perennial strength in in September 2010. These positions make of Victoria University, Wellington), one John Gardner, Professor of Jurisprudence, opportunity to attend seminars and All Souls a research centre for academic Fifty-pound Fellow (James Walmsley reprised themes from the Hart and Honoré consult colleagues across all these the University. leaders. Four of the fifteen Senior Research of Wilberforce Chambers), and several book Causation in the Law and argued that Fellows are lawyers; Andrew and Nicola Quondam Fellows, including Dr Anne the main claims of the book stood the test fields of study. But it has also been a Philosophy join the legal historian Paul Brand, and Davies, Fellow of Brasenose, and Dr Sarah of time in spite of changes in philosophical special pleasure to join such a strong Professor Guy Goodwin-Gill, a leading Wilkinson, of Blackstone Chambers. The fashion. Detlef Liebs, who made a special group of lawyers at All Souls, and to Our link with the Philosophy Faculty is long-standing find the Faculty flourishing. I can and deep: four of the Law Faculty’s legal philosophers are scholar in refugee law. College’s Distinguished Fellows include trip for the occasion from the University Andrew moves to All Souls from the Norton Hon Sir Launcelot Henderson, Judge of the of Freiburg, explained the distinctiveness hardly believe the number of events members of the Philosophy Faculty, and lawyers work with Rose Professorship of Commercial Law in the High Court, Sir Jeremy Lever of Monckton and the durability of Tony’s contribution as compared to what I remember as philosophers and political scientists in the Oxford Institute University, and continues to play a central role Chambers, and Lord Pannick, of Blackstone to Roman legal history, and in particular the norm when I left New College for Ethics, Law and Armed Conflict. The Oxford Centre for in the University’s outstanding community of Chambers. Stephen Cretney, Roger Hood, the challenge that he offered to several in 1995! I have also enjoyed co- Ethics and Philosophy of Law is a collaboration between private lawyers. For Nicola, the Senior Research and Sir Gunter Treitel are Emeritus Fellows, historical orthodoxies. Over a celebratory supervising doctoral students and the Law and Politics Faculties, in association with Merton, Fellowship is a return to Oxford from the and Tony Honoré and Patrick Neill are drink afterwards, Tony raised some developing a series of seminars on University, and Corpus Christi Colleges. London School of Economics, where she was Honorary Fellows. The ensemble is a typically restrained doubts and queries Professor of Criminal Law and Legal Theory; unique legal community that unites the about what had been said, showing his ‘Legal Concepts in the Perspective of Nicola was a Fellow and Tutor in Law at New generations, and unites legal practice with characteristic brilliance to be undimmed History, Literature and Philosophy’ College, Oxford from 1984 to 1995. the frontiers of academic legal research. by its 90 years of intensive use. which I hope to run again next year.’ 2 Summer 2011 Issue Fifteen 33 Oxfordfeature Law News Oxford Law Newsfeature Leverhulme Judging Corporate Law Roundtable Lectures 2010 Oxford’s Law Faculty hosted a Law and Finance Law and Finance roundtable on the From 9–11 November subject ‘Judging Corporate Law’ he Law and Finance programme is a unique accomplishment. In the 21st-century world of 2010, Professor Steven at St Hilda’s College on 10 June finance transactions and financial regulation, the intellectual challenges are exciting and L Schwarcz, Stanley A 2011. Organized jointly with the ‘Tdifficult both for transactional lawyers, and for the lawyers, economists, and politicians who Star Professor of Law and University of Pennsylvania Law must develop and implement good public policy. Our new programme brings together the very people Business at Duke University, School, the roundtable considered, who need to talk to each other – lawyers and financial economists, practitioners and academics and who was also a Leverhulme and compared, the treatment of core public servants – and involves our students in the resulting conversation. I am particularly pleased Visiting Professor in Law company law issues in the Delaware that the programme is bringing together English and American lawyers. And the students are just at Oxford for Michaelmas and English courts. very impressive. We are already thinking about how to develop this programme further. In the first Term, delivered a series Among other contributors were five year of the new degree programme, the students have developed a camaraderie that will make them of three lectures about judges from the Delaware and English part of the future of Law and Finance in Oxford.' the recent financial crisis, benches, who were asked to consider entitled “The Global significant cases that had been decided Professor Timothy Endicott, Financial Crisis and by each other’s courts, with an English Dean of the Law Faculty Systemic Risk”, “Regulating judge asked to focus on a Delaware Complexity in Financial case and a Delaware judge asked to Markets”, and “The Future focus on an English case, in the areas Insolvency Seminar in of Securitization”. The of directors’ duties of care, directors’ First Year of the New Master’s lectures are available on the duties of loyalty, and takeover issues. New York: Faculty website as podcasts. Each time, the judges were asked to in Law and Finance answer the question “if the case had Dealing with been litigated in their home jurisdiction, The first cohort of thirty-four students for the new how would it have been argued and MSc in Law and Finance (‘MLF’) arrived in Oxford Financial Institution decided?”. Participants were therefore in September 2010. Drawn from nineteen different Failure – the Legacy able to identify the specific rules of law countries around the world, they were selected from and procedure that would likely govern almost 400 candidates. of Lehman the treatment of similar facts in their The MLF is a full-time, nine-month degree, run jointly home jurisdiction, and to consider the with the Saïd Business School. It offers outstanding In April 2010, Oxford Law held a extent to which differences between the students with a prior law background the opportunity to seminar for Oxford alumni at Freshfields jurisdictions were in practice likely to combine advanced legal study in areas related to financial Bruckhaus Deringer to discuss the causes produce different results. transactions, with core courses in economics and finance. of the Lehman failure, the effect of the Thanks are owed to all of the It also includes a specialist interdisciplinary course, which consequent bankruptcy proceedings in contributors at the roundtable, features several case studies drawn from real transactions both the US and the UK, and possible particularly the judicial participants: Lord that students analyse before hearing directly from the reforms of the substantive and Justice Mummery (Court of Appeal), practitioners involved. The programme also saw the procedural law as a result of the lessons Professor Schwarcz Chief Justice Steele (Delaware Supreme introduction of a new BCL/MJur/MLF option on Principles learnt. The seminar was chaired by addressed the causes and Court), the Hon Mr Justice Lewison of Financial Regulation. Professor Roy Goode, Emeritus Professor consequences of the global (Chancery Division, High Court), Justice John Armour, Hogan Lovells Professor of Law and of Law in Oxford, and had a stellar line- financial crisis, arguing that Jacobs (Delaware Supreme Court), Mr Finance, is the Academic Director of the new programme. up of participants. it was triggered by market Justice Briggs (Chancery Division, High He sees the MLF as providing benefits both to its The session opened with a talk by Gary failures, not by financial Court), Chancellor Chandler (Delaware students, who it is anticipated will accelerate their career Lynch, Chief Legal Officer and Vice-Chairman institution failures, and that Court of Chancery), Vice Chancellor trajectories in law or finance, and to the public more of Morgan Stanley, about his experiences in any regulatory framework Laster (Delaware Court of Chancery), generally, by building expertise in a sector of crucial the run-up to the Lehman failure. This was for managing systemic risk Mr Justice Sales (Chancery Division, significance. followed by two presentations. One was by must address markets as well High Court), Mr Justice David Richards In conjunction with the launch of the MLF, Oxford Harvey Miller, Lehman’s lead US bankruptcy as institutions. The second (Chancery Division, High Court; Vice- initiated a strategic alliance with Columbia Law School in lawyer, covering in particular the suitability lecture traced the distinctive Chancellor of the County Palatine), and the field of Law and Finance, which involves a student and of the US bankruptcy procedure for market failures in the crisis Stephen Lamb (former Vice Chancellor faculty exchange. We were delighted to welcome Merritt insolvencies of institutions such as Lehman, to complexity in financial of the Delaware Court of Chancery), and Fox, Michael E Patterson Professor of Law at Columbia, to and his views on the need for international markets, which caused to Charles Crawshay (Deputy Director the Faculty in May, in exchange for a visit to Columbia by cooperation. The second was by Nick Segal, information uncertainty, General, Takeover Panel). Oxford’s Jennifer Payne, Reader in Corporate Finance Law. partner at Freshfields Bruckhaus Deringer, misalignment of interests For more information about the MLF programme, who used not only the Lehman insolvency, and incentives among market please see our MLF ebrochure at www.law.ox.ac.uk/mlf but also the financial problems of Northern participants, and non-linear Insolvency Conference 2011 or email [email protected]. Rock and the Icelandic banks to illustrate the feedback and tight coupling difficulties of investment bank insolvency, that resulted in sudden A most successful conference on Business School, Oxford, and Antony and to discuss the possible reform solutions. unexpected market changes. various aspects of insolvency law Zacaroli QC of 3–4 South Square). There The seminar ended with a panel session In the final lecture, Professor was held on 14 January 2011 at Harris was also a panel discussion on topics chaired by Professor Goode, involving (in Schwarcz argued that the Manchester College involving many ranging from the anti-deprivation addition to those who gave presentations) securitization of subprime eminent academic and practising principle to cross-border insolvency. Judge Peck, the US bankruptcy judge in mortgage loans – abuse of lawyers. Members of the panel were Robin Dicker charge of the Lehman liquidation, John which is widely viewed as a Professor John Armour of Oxford QC (3–4 South Square), Professor Horst Ettinger, Managing Partner, Davis Polk, root cause of the financial University gave a paper on the rise Eidenmüller (University of Munich), Richard Salter QC of 3 Verulam Buildings, and crisis – can be made viable of pre-packaged administrations Stephen Leinster (Ernst & Young), Ralph Louise Gullifer, Fellow of Harris Manchester again as an important (commented on by Professor Sandra Miller (Weil, Gotshal & Manges), Nick College, Oxford. Those present also took financing tool. Frisby of Nottingham University and Segal (Freshfields Bruckhaus Deringer), part in a wide-ranging discussion focusing Jennifer Marshall of Allen & Overy) and Stephen Taylor (AlixPartners) and on the ‘Too Big to Fail’ question, and on the Professor David Skeel gave a paper on Professor Jay Westbrook (University possible ways forward for both national law the consistent treatment of transactions of Texas at Austin). We are grateful to and international cooperation in relation to in insolvency in the US (commented on Travers Smith for supporting this event financial institutions failure. by Professor Oren Sussman of the Saïd financially. 4 Summer 2011 Issue Fifteen 55 Oxfordfeature Law News Oxford Law Newsfeature Dworkin HLA Hart conference celebration Jurisprudence In the first four weeks of Trinity Term, the Oxford Oxford Jurisprudence – a year of new developments and of anniversaries Jurisprudence Discussion Group organized a series of panel discussions celebrating the 50th anniversary of the publication of HLA Hart’s The Concept of Law. Hart’s landmark contribution to legal philosophy remains at Law and the heart of the subject today, and the JDG invited thirteen of today’s leading philosophers of Philosophy: law, from Oxford and elsewhere, to engage afresh with its Jeremy Brian Leiter arguments. The series adopted a unique format, with each speaker Brian Leiter has been made a Visiting addressing a chapter of the book Waldron Professor in the Faculty of Philosophy that made jurisprudence a part for the academic year 2011–2012. of twentieth-century philosophy. returns to Professor Leiter will visit Oxford in In the final panel discussion John Finnis’s Collected Essays Michaelmas Term 2011 and Trinity the speakers discussed the Oxford Term 2012, during which time he Ronald Dworkin methodology that Hart set out hough officially retired from his reproduction, and engages many of the will co-teach research seminars with A colloquium on Ronald Dworkin’s in Chapter I. The full programme former Oxford posts, John Finnis most significant thinkers of his day and Peter Kail (University Lecturer in Early Law’s Empire, on the occasion of the can be found online at www. Tcontinues to give seminars and ages past. The reach of the volumes, Modern Philosophy) and participate 25th anniversary of its publication, was oxford-jdg.net, and videos of to supervise research students in the each with a newly written introduction in conferences and workshops on the held on 7 June 2011. Participants were the sessions are now available for Faculty as an Emeritus Professor. And elaborating its theme, is indicated by the philosophy of Friedrich Nietzsche. Oxford legal philosophers, including download at www.law.ox.ac. in his writing, a new milestone was individual titles: Reason in Action; Intention Brian Leiter is John P Wilson Professor some emeriti, such as Tony Honoré, uk/newsitem=342. marked this spring as Oxford University and Identity; Human Rights and Common of Law at the University of Chicago, Joseph Raz, and John Finnis. Press published The Collected Essays Good; Philosophy of Law; and Religion and and Director of the Center for Law, Law’s Empire is one of the major works of John Finnis: Volumes I–V, as well as Public Reasons. Philosophy, and Human Values. His in legal philosophy. Its claims have been, a second edition of Natural Law and Published first in 1980, Natural Law and teaching and research interests are in and continue to be, the subject of a very Legal Science Natural Rights. Natural Rights revived and developed the general jurisprudence, moral and political large volume of the Faculty’s research The Collected Essays cover philosophy, classical natural law tradition, and helped philosophy, and the law of evidence. output (itself a major part of the very bioethics, theology, history, law and shape the study of jurisprudence in Oxford Before taking up his post at Chicago, he substantial output that the book has and Legal other fields, and include almost two and beyond. The new edition preserves taught for more than twelve years at the prompted around the world). Most of the dozen previously unpublished works. The the original text, adding a 65-page University of Texas at Austin, where he was colloquium’s participants have written Theory range of scholarship represented in the postscript on points where Finnis sees the youngest chairholder in the history about the book, whether to develop or 106 essays, drawn from a wide variety of need for amendment or supplementation. of the law school, and also served as criticize its claims, or to refine and defend Conference sources, may surprise readers who know The cover art of the new publications professor of philosophy and founder and alternatives against the book’s claims, Finnis only through his jurisprudential depicts scenes of colonial Australia taken director of the University of Texas Law and and many continue regularly to produce Among the several jurisprudential writings and even those acquainted from a gallery in Finnis’s native Adelaide, Philosophy Program. work that engages with the book. The anniversaries we celebrated in 2010- with his wider work. He studies personal which is fitting because the volumes both As well as collaborating with graduate colloquium’s immediate purpose was to 2011 was the 50th year since the identity in Shakespeare and conscience in record the remarkable scholarly journey students and members of the Philosophy discuss the state of play regarding the appearance, in English, of Hans Kelsen’s Newman, contends with Peter Singer on that began when Finnis embarked in 1962 Faculty, Professor Leiter has been invited book’s claims 25 years after its publication, Pure Theory of Law in its definitive In the academic year 2010-2011, brain death and Nietzsche on punishment, to study in Oxford under HLA Hart, and to offer classes in Jurisprudence for the and to set the agenda for future work. It second edition. Jeremy Waldron has become the addresses moral and political issues sketch the vista that lies ahead. Oxford Faculty of Law. gave Oxford legal philosophers a chance Although Kelsen’s work was not of Chichele Professor of Social and from nuclear deterrence to artificial to get together and discuss topics that are Oxonian origin, the anniversary gave us Political Theory, as successor to Gerald central to their research interests. an excellent pretext to invite to Oxford Cohen, Charles Taylor, and Isaiah Berlin. The colloquium was designed to be a stellar cast of philosophers of law from At the beginning of May, Jeremy intimate and informal, with a roundtable many countries, including Sweden, Italy, delivered the 2011 Hamlyn Lectures, John Gardner, Professor of University of Genoa, where he talked format, to allow for extended, in-depth Mexico, Argentina, Germany, Spain, France, perhaps the most prestigious series of John Gardner Jurisprudence and Co-ordinator of about corrective justice and about discussion. There were four sessions. the United States, and of course Kelsen’s law lectures open to the public in the UK. Research, has lately been flying the written constitutions. Over the past year Timothy Endicott, John Finnis, John native Austria. So, in September 2010, in The topic of the series was “The Rule of Invited to Speak flag for Oxford Law at prominent law or so he also gave talks in Stockholm, Gardner, and Jeremy Waldron each collaboration with the Austrian Science Law and the Measure of Property”, and schools around the world. He was Uppsala, Boston Massachusetts, Stirling, introduced a topic for the relevant session, Fund Project ‘Bibliographical Research on the lectures were delivered at Oxford, at at International Legal Research Foundation Visitor at Aachen, Tallahassee Florida, Cork, London followed by a response by Ronald Dworkin Hans Kelsen’ at the University of Vienna the University of Warwick, and in London. Law Schools the University of Auckland in March- Ontario, Chester, and even sometimes in and general discussion. A reception at All (www.hanskelsen.eu), the Oxford Law The lectures will be published shortly as a April 2010, giving four lectures to Oxford. Most recently, a conference on Souls then followed. Faculty hosted an international conference book by Cambridge University Press. The diverse audiences (on reasonableness his book Offences and Defences took him This conference was generously on “Legal Science and Legal Theory” in Hamlyn Lectures followed immediately in criminal law, the ideal of the rule of to Jerusalem in April 2011. Ashamed of supported by Hart Publishing. celebration of Kelsen’s vast contribution upon his delivery of the annual Sir David law, distributive justice in tort law, and his carbon footprint, Professor Gardner to our discipline and our understanding Williams Law Lecture at Cambridge on killings by the police). has now pledged not to leave the UK for of law. A collection of essays, tentatively the topic “How Law Promotes Dignity”. While in New Zealand he also addressed the whole of 2011–2012, devoting the titled The Pure Theory of Law Revisited, Professor Waldron was also awarded the the senior judiciary, and was a guest on time he would have spent in airports to is in preparation, edited by Luis Duarte American Philosophical Society’s Henry Radio New Zealand. In October 2010 – a his daughter Audra (aged 2), while also D’Almeida, John Gardner, and Leslie Green. M Phillips Prize in Jurisprudence for 2011. rescheduling owed to April’s volcanic polishing off his new book, Law as a Leap The prize recognizes outstanding lifetime ash – he was Fresco Lecturer at the of Faith. John Gardner contributions to the field of jurisprudence. 6 Summer 2011 Issue Fifteen 77 Oxfordfeature Law News Oxford Law Newsfeature Oxford student Competition Oxford and India involved in new Law Links Pre-Legislative Ariel Ezrachi, Slaughter and The University’s deep links with India include a long tradition of May Lecturer in Competition training Indian lawyers. The tradition includes Cornelia Sorabji, India’s Briefing Service Law, and Director of the Centre for Competition first woman barrister, and the first woman to take the BCL in Oxford in India Law and Policy in Oxford, in 1892. This year, there are eighteen Indian students in the BCL. This presented papers on Cartels Oxford’s Arghya Sengupta, a and on Transfer of Wealth year’s editor of the Oxford University Commonwealth Law Journal, DPhil candidate who previously in November 2010 at the NUJS-Herbert Aparna Rao, is an Indian MPhil student who completed the BCL last completed the BCL, is one of LAW ASIA Conference, at a group of lawyers who have a Global Competition Law Smith National year. The Oxford Pro Bono Publico group also completed two India- established the Pre-Legislative closed conference and at Corporate Law Moot related research projects this year (for more details see page 39). Arpana Rao, editor of the OUCLJ Briefing Service (PLBS) in India, UCL’s Global Competition to act as an independent think- Law Public Conference on Competition 2010 tank to enhance legislative Cartels & Criminalisation. design and drafting in India. In between the three From 19–21 February 2010, teams from all PLBS aims to engage with events he met academics across India competed in the national final of Oxford‑India Media the Parliament of India and and members of the the NUJS-Herbert Smith National Corporate legislatures in states, as well as Indian Competition Law Moot Competition, and considered a various government departments, Commission and complex problem involving a conflict of laws. Law Moot to encourage central and state established links The competition was sponsored and funded The Programme in Comparative Media Law and Policy, at governments to enact laws for future collaboration through the generosity of Herbert Smith. the Centre for Socio-Legal Studies, recently organized the first that are more coherent, and to with the Oxford After producing very detailed written media law moot court competition in India as its first step in encourage and enable citizen Centre. memorials and several days of intense mooting expanding the Price Moot Competition. participation in the law-making two teams emerged in the Grand Final. The The competition was held at the National Law University, Delhi process. final was judged by Hardeep Nahal and Chris in collaboration with the National University of Juridical Sciences, Parsons (partners at Herbert Smith), James Kolkata. Twenty-two of India’s top law schools participated with the Edelman (Oxford’s Faculty Mooting Officer), and National University of Juridical Sciences (NUJS), Kolkata emerging as Mr Justice Mukherjee (High Court of Kolkata). the winners and the National Law School of India University (NLSIU), The questioning of the teams was intense, with Bangalore as the runners-up. several of the four mooters being allowed almost A workshop on media regulation in India was held in conjunction double their allotted time in order to answer a with the moot. The events were sponsored by Google India, Star barrage of questions. The standard was extremely TV and AZB & Partners. It is expected that the moot high and the performance of the mooters was court will be held annually. a testament to the strength and quality of corporate law in Indian Universities. In a very close result, the team from National Academy of Legal Studies and Research in Hyderabad Oxford lawyers in Delhi for the first-ever Oxford moot in India prevailed.

Professor Timothy Endicott, Dean of Herbert Smith and the Oxford Law Faculty, and Chris Parsons, chairman of the India group at Herbert Oxford join forces to Smith LLP, each delivered a series of lectures at the National University of Juridical Sciences in Kolkata, in February 2011. deliver lectures in India The five days of lectures were interactive, and 'The BCL has been involved Mr Parsons lecturing on cross border mergers and acquisitions, and Timothy Endicott a simply exhilarating speaking on “English common law, English Oxford lawyers and Indian intellectual experience. To public law”. Around 45–50 students attended lawyers are now moving in each lecture. The week also included a dinner both directions. The Faculty me, what set it apart are the intense for Oxford law alumni in Kolkata. is making contact with The series of lectures coincided with this Indian alumni, and is taking commitment it requires for nine year’s third annual NUJS Herbert Smith National a more organised approach months, and the sheer depth of learning. Corporate Law Moot Court Competition, to recruitment of students. won by the National Law Institute University, Oxford academics are also I cannot imagine a better place in the Bhopal. This year Timothy Endicott served increasingly spending time world for courses like Conflict of Laws as a judge alongside Chris Parsons, Hardeep teaching in India, and the law Nahal, a partner at Herbert Smith, and eminent of India has become a focus and Restitution, and more generally, the members of the Indian bar and bench. of legal research in Oxford. Timothy and Chris gave a similar dual series Mooting is thriving in India; common law. It is especially valuable for of lectures at the National Law School of India Oxford lawyers judge moots Indian students because of the importance University, Bangalore, in February 2010. This in India, and teams come to programme has become an annual event, and Oxford for our International of English law in India.' will be offered at another National Law School Intellectual Property Law in India in February 2012. Moot and the Monroe Price Niranjan V , the 2011 winner of the Vinerian International Media Law Moot. Scholarship for the best results in the BCL Background: Kites at Dilli Haat, Paharganj, New Delhi. Photo by Peter Davis from www.flickr.com/photos/pediddle/327856025/in/photostream/ 8 Summer 2011 Issue Fifteen 99 Oxfordfeature Law News Oxford Law Newsfeature New grant for research Obligations V: Rights Oxford–Melbourne into the law on storage and Private Law The Fifth Biennial Conference on the Law of Obligations of human tissue (Obligations V) was held at St Anne’s College, Oxford from 14–16 July 2010 and was co-hosted by the University of Oxford Faculty of Law and Melbourne Law School. xford’s connections with Melbourne Law School have The conference featured presentations by more than 50 deepened thanks to Allan Myers AO, QC. An alumnus private law scholars from across the common law world O addressing issues in private law theory, tort law, contract law, of Melbourne Law School and Christ Church, Allan provides trusts and unjust enrichment. The theme of the conference, ‘Rights and Private Law’, focused attention on an increasingly support for scholarships, Faculty exchanges, library materials, important strand of thinking in private law scholarship which and collaborative research. There are four Melbourne Law seeks to develop an understanding of private law obligations driven, primarily or exclusively, by the recognition of the students in Oxford on Allan Myers Scholarships in 2010–2011. rights we have against each other, rather than by other They are part of our future as a leading Australian law school. Imogen Goold and Jonathan Herring (Oxford) together influences on private law, such as the pursuit of community with Loane Skene (Melbourne) have been successful in welfare goals. A combination of plenary and parallel an Oxford-Melbourne Law School Research Partnerships sessions were the scene of much lively debate among the Application for research into the legal principles underlying 150 delegates, and the social programme included a drinks the law on storage of human tissue for 2011–2012. reception in the Divinity School and a formal dinner in Exeter The project will be looking at the legal treatment of separated College. body parts. Some commentators have argued that the law should recognize a right of ‘ownership’ or ongoing control in relation to excised human tissue. However, that view has not been accepted as a general legal principle. Until recently, the legal position was that people do not have any proprietary interests in their excised tissue. Recently, however, a limited exception was recognized in the English case of Jonathan Yearworth and others v North Bristol NHS Trust [2009] EWCA Civ 37 and the Australian decision of Bazley v Wesley Monash IVF [2010] QSC 11. Taken together, Yearworth and Bazley evidence a shift towards a new approach to the status of human tissue, but given their limited application and highly specific fact situations, there is considerable scope for further analysis. In particular, the implications of expanding this approach to tissue more broadly require examination as there are many potential problems that might arise with doing so. This collaboration will involve an investigation of how the law in this area might develop and the longer-term consequences of adopting a particular conceptual model. Also involved in the project are Ben McFarlane (Oxford Law) Allan Myers and Maria Jane Kaye (Oxford - HeLEX) and Chris Dent and Julian Savulescu (Oxford Philosophy). The Oxford Law Faculty is very pleased to be extending its The Myers Scholars collaboration with Melbourne Law School in this way.

Sham Symposium A symposium was held at Christ Church on 8 July 2011 concerning the common law doctrine of sham transactions. Jointly organised by Edwin Simpson of the Oxford Faculty and Miranda Stewart from Melbourne Law School, the day was funded by Allan Myers QC via a grant from the Oxford Melbourne Research Partnership. Michael Crawford Ed Batrouney The symposium brought together ten members of the Oxford Faculty with a similar number of academics and practitioners from further afield (as far afield in fact as Australia, Canada, New The conference was co-convened by Professor Andrew Zealand and even Cambridge) to address a diverse range of Robertson of Melbourne Law School and myself, and we are topics from the earliest origins of sham terminology (thanks to grateful to all those who helped to make the conference such Mike Macnair for establishing its first use as racecourse slang for a success, including sponsors, Cambridge University Press, a wily city prostitute masquerading as an innocent country girl) Hart Publishing, Freshfields Bruckhaus Deringer, and Allan to its modern operation in combatting tax avoidance schemes, J Myers AO, QC, who provided generous financial support. or devices designed to make tenancies look like licences, or to An edited volume containing a selection of papers from the dress employment relationships as those of self-employment. It is conference will shortly be published by Hart under the title intended that the papers will be published together as a book in Rights and Private Law. due course. Donal Nolan Frances Gordon Nick Elias Edwin Simpson Worcester College 10 Summer 2011 Issue Fifteen 1111 OxfordNEWS Law News Oxford Law Newsnews Distinguished Herbert Smith renews Friends of Oxford funding of the Chair in Distinguished Friends of Oxford is English Private Law OJLS the name of the University’s award to included in people who have given extraordinary The leading international law help to the University’s development firm Herbert Smith LLP, a major the Social efforts. benefactor of the Law Faculty for This year the award has been conferred many years, has recently renewed Sciences on Professor Sir Roy Goode and Graham its funding of the Chair in English Oxford White. As many of you know, Roy is Private Law. Citation Index not only a pre-eminent authority on Having previously funded the Ranked Top The Oxford Journal of commercial law (he is an Emeritus University Lectureship in International Legal Studies has been Professor in Oxford), but also played a Economic Law, the firm then became accepted for inclusion in groundbreaking role in fundraising for the sponsor of the Professorship of for Law in the Social Sciences Citation Law in Oxford. Graham White, Executive English Private Law, which was held Index. Congratulations to Partner in Slaughter & May and an by Professor Ewan McKendrick until the Editor, Anne Davies. alumnus of St Catherine’s, has served the he was appointed as the University’s Two Recent The Journal received 185 University for years as Chairman of the Registrar in January. This renewal submissions in 2010. Twenty- Oxford Law Development Council. He was of funding affirms Herbert Smith’s eight articles and six book appointed Chair of the Trustees of the unique position in the Law Faculty, Surveys reviews were published in Oxford Law Foundation in June 2011, and Ewan McKendrick with the professorship covering volume 30. will step down as Chair of the Oxford Law the core fields of law (contract and Development Council, to be succeeded tort) that form the basis of every The Times Good University Guide by Tim Parkes, an alumnus of Wadham law student’s education and the recently placed Oxford top within College and a partner at Herbert Smith. foundation of commercial law. the UK for the teaching of Law, for the second year running, with the Sir Roy Goode Fourth edition of the Oxford Standard University as a whole also ranked top. for the Citation of Legal Authorities The Times consider criteria such as staff- student ratios, graduate employment (OSCOLA) and bursaries in ranking higher education institutions in the UK. The The Faculty of Law has recently published the fourth edition of the University has now been at the top of Oxford Standard for the Citation of Legal Authorities (OSCOLA), which is Dr Christopher Hodges was the The Times’ league table for ten years. now available at www.law.ox.ac.uk/oscola. A printed version will soon be principal investigator in a research Oxford’s Law Faculty has also been available. Litigation team that looked at the emergence ranked as 'excellent' by more of its OSCOLA was first devised by Professor Peter Birks in 2000, in of third party litigation funding in students than at any other university in consultation with law students and Faculty at Oxford University, funding Britain for civil cases, to consider the UK, in Legal Week’s annual student with Oxford University Press and with Hart Publishing, as a means of whether third party litigation could survey. 78% of students surveyed awarded facilitating the accurate and uniform citation of UK legal authorities. give people with limited means the highest available rating, 'excellent', Subsequent editions of OSCOLA were produced in 2002 (by Professor study results greater access to the justice system. which compares to an average of just Birks) and in 2004 and 2006 (by Professor Timothy Endicott and Sandra Litigation funders are companies 32% for other universities, and 69.5% for Meredith). Although originally designed for use within the University capable of raising vast sums of money Cambridge, which was placed second in of Oxford, OSCOLA is now used by many law schools in the UK and to allow claimants in civil litigation cases the survey’s results. overseas, and by a number of legal journals and publishers. OSCOLA to cover the legal expenses involved in Commenting on the reasons for Oxford’s Ireland is currently in development. New Electronic Journal pursuing justice through the courts or results in this survey, Timothy Endicott, The fourth edition provides for graduate students arbitration. In return, funders retain a Dean of Oxford’s Law Faculty, cited the more detailed coverage of share of any damages awarded, and they high ratio of academics to students domestic legal sources; in The Faculty’s Law Board has approved therefore tend to seek out larger, more in the Law Faculty (approximately ten particular, the treatment of the establishment of a Research Paper complex civil cases with the potential for undergraduates per academic), and spoke Welsh, Scottish and Northern OSCOLA Series (RPS) on the Social Sciences large sums of damages. of the importance of tutorial teaching. Irish sources has been Oxford Standard for the Citation of Legal Authorities Research Network (SSRN) for Oxford Law The project, which revealed its findings Tutorials, generally for two students at a considerably expanded. Other graduate students. at an International Conference on time, give students a direct response to changes include a new section Fourth Edition As with our existing Faculty RPS, the Litigation Funding held at Oxford in June their own work from leading legal scholars, on bibliographies, expanded benefits include distribution to subscribers 2010, concluded that, although litigation and equip the students to develop their coverage of legal historical by means of an email containing an abstract funding has increased access to justice thinking on a subject. sources, a guide to neutral of each work. The Faculty’s RPS is produced for larger companies, individuals and This intensive teaching is carried out in citations and a quick reference at least ten times a year (17 times in 2010), Christopher Hodges small companies have not benefited due 30 individual law schools, in the colleges of guide. and currently has 5,613 subscribers. With to the funding models that are currently the University. At the same time, however, Endnote files and instructions more than 100,000 downloads of our papers, available. Oxford Law has improved the aspects of are available for OSCOLA via the Oxford Law ranks first among non-US Law Although in British law it is illegal for legal education that can best be offered Faculty website. Schools on the SSRN. Thanks to Justine Pila, a third party to interfere with or control centrally, for example by introducing The fourth edition of Chris McCrudden, and Sandra Meredith for another party’s litigation, it is not illegal compulsory mooting and by establishing OSCOLA was edited by Sandra this new initiative. for a third party to fund another’s the Oxford Legal Assistance programme Meredith and Donal Nolan, with You can subscribe to the Faculty RPS and litigation, provided they do not dictate (see p.38). assistance from the OSCOLA receive abstracts of the latest legal writing legal strategy. Interviews conducted for In the 2011 QS World University Editorial Advisory Board. As Faculty of Law, University of Oxford from Oxford by going to www.law.ox.ac.uk/ the study with funders and consumer Rankings, the five top-rated law schools always, the editors welcome www.law.ox.ac.uk/oscola LN15ssrn groups indicate that both groups would are Harvard, Oxford, Cambridge, Yale, and feedback on OSCOLA, at welcome more government regulation in Stanford. [email protected]. this area. www.law.ox.ac.uk/LN15qs OSCOLA_maybe_final.indd 1 11/11/2010 18:59:05 top 12 Summer 2011 Issue Fifteen 1313 OxfordNEWS Law News Oxford Law Newsnews New scholarships Sandra Fredman for African human elected to the Oxford rights advocates Rhodes Chair Silks 2011 studying the MSt Congratulations to our in International alumni who were made up to silk in 2011. This is a great Last summer was the first year of Human Rights Law accomplishment, and reflects well the University’s new access summer The University recently on their talent and hard work, and school, UNIQ, which gives Year 12 announced that five scholarships on Oxford. students from British state schools the will be available for candidates opportunity to experience life as an from African Commonwealth Michael Ashcroft QC undergraduate at Oxford. countries to study for the part-time Richard Atkins QC Two consecutive groups of thirty Master’s in International Human Daniel Beard QC UNIQ students attended a week long Rights Law, starting in September programme at the Faculty of Law. Law 2012. Richard Boulton QC tutors gave talks on a variety of subjects, The Master’s in International Nicholas Caddick QC including contract, tort, legal philosophy, Human Rights degree is offered Sara Cockerill QC the sentencing of criminal offenders, jointly by the Faculty of Law and Adam Constable QC competition law and dispute resolution. the Department for Continuing Sandra Fredman, FBA (BA Tina Cook QC Students joined in enthusiastically, Education, and aims to train and Witwatersrand, BA BCL Oxf), Professor responding to problems, and defending support future leaders in the field of of Law, CUF Lecturer and Fellow in Katharine Davidson QC their point of view. international human rights. Offered Law, Exeter College, University of Glen Davis QC During the programme, the students jointly by the Commonwealth Oxford, Honorary Professor, Faculty Judith Farbey QC were split into teams to research and Scholarship Commission and the of Laws, University of Cape Town, Michael Gibbon QC prepare for a moot, which they then argued Foreign and Commonwealth Office’s South Africa and Fellow of Gray’s Inn against opposing teams at the end of the Chevening Fund, the scholarships are and Barrister, Old Square Chambers, Eleanor Grey QC week. They also attended the Magistrates intended for human rights advocates London has been appointed to the Samuel Grodzinski QC Court and Crown Court to sit in on hearings from African Commonwealth Rhodes Professorship of the Laws of Javan Herberg QC and learn about the court system. countries who would be unable to the British Commonwealth and the Patricia Hitchcock QC Each group of students also visited a take up their place on the course United States in the Faculty of Law law firm in London for the day, one group otherwise. with effect from 1 September 2011. Simon Hughes QC hosted by Allen & Overy LLP, and the other More information about the degree Professor Fredman will be a fellow of Martin Hutchings QC by Hogan Lovells LLP. As well as finding and the scholarships can be found at Pembroke College. Barry Isaacs QC out about the host firm and careers as a www.law.ox.ac.uk/LN15mst Jeremy Johnson QC solicitor, some students received training in basic negotiation skills, negotiating a mock Gregory Jones QC deal as part of the exercise, and others took Ben Spagnolo receives Ben Spagnolo has received two Daniel Jowell QC part in a corporate skills workshop. University awards for the work he Karim Khan QC Of the sixty students who attended the two University awards has done to support the Faculty’s Gwynneth Knowles QC Law programme, forty-nine applied to new compulsory mooting skills Oxford to study from 2011, and thirteen for his support of programme, an OxTALENT Award and Stewart Leech QC received offers. The Faculty looks forward a University Teaching Award. As part Paul McGrath QC to hosting another two UNIQ groups in Oxford’s mooting of the new skills programme, students Andrew Mitchell QC July 2011. are organised into nearly 60 courts, Tim Morshead QC To find out more about what the UNIQ programme each with four counsel and a judge, to 2010 Law students got up to at Oxford, learn and practise mooting skills. Ben Simon Salzedo QC and how they found the experience, helped to coach the students and set Oliver Segal QC please go to our website www.law.ox.ac. up a site on the University’s Virtual Nicholas Stallworthy QC uk/undergraduate/uniq.php Learning Environment, WebLearn, to Keith Stewart QC Information on applying for a place UNIQ students visiting Allen & Overy's offices in London in 2010 support the programme. on a UNIQ summer school in 2012 will The Oxford University Teaching Timothy Taylor QC be available on the University’s website: Awards recognize work done to engage Robert Thomas QC www.ox.ac.uk/uniq students and help them learn, from Sonia Tolaney QC creating new courses to innovative Felicity Toube QC use of audio and video podcasts and Andrew Twigger QC the delivery of exceptional lectures and demonstrations. The OxTALENT John Whitting QC scheme recognises innovative use Oxford’s involvement with the National Admissions Test for Law of IT in teaching and learning in the Oxford is one of seven universities in the UK to use the of St Anne’s College is the current chair of the LNAT Consortium University, and was awarded to Ben Of 120 lawyers (118 National Admissions test for Law (LNAT), which provides and will be succeeded at the beginning of December by Dr Leslie for his use of the University’s Virtual barristers and two it with more information about each applicant and their Turano Taylor, King’s College London. Learning Environment, WebLearn. Ben aptitude for studying law, to help the university make fairer The Faculty of Law in Oxford has this year negotiated a new was particularly commended for using solicitors) appointed choices about whom to admit to its undergraduate degree deadline with the LNAT Consortium, to allow admissions staff WebLearn to enable submission of court programme. enough time to consider the applications carefully, given the documents that could be viewed only by as Queen’s Counsel in The LNAT Consortium Ltd, founded in 2001 to develop and run increasing number of applications. Applicants are now required those in the relevant courts. the LNAT, moved its administrative office from Bristol University to to register and book a test slot by 5 October 2011 and to sit the March 2011, 37 studied the Law Faculty in Oxford in October 2010. The Faculty therefore LNAT by 20 October 2011, i.e. 10 days earlier than was previously now supplies administrative services to LNAT and has employed the case. in Oxford (including Christopher Boulle as the new LNAT Administrator. Liora Lazarus For more information about the LNAT, visit www.lnat.ac.uk one of the solicitors). 14 Summer 2011 Issue Fifteen 1515 OxfordNEWS Law News Oxford Law Newsnews New New Paul The High Sheriff’s New Official Papers Reading Room Graduate Hastings Law Scholarships Scholarship Law Lecture 2010 in the Bodleian Law Library The Law Faculty Law firm Paul, Hastings, Marie-Jane Barnett, the High Sheriff of The ground floor of the Bodleian welcomes the increased Janofsky & Walker LLP Oxfordshire 2010-2011, presided over the High Law Library has been redeveloped. support of Graduate has established a new The non-law materials that had been Scholarship through £10,000 scholarship Sheriff’s Law Lecture on 12 October 2010. The warehoused there for generations were leading sets of Barristers’ to support an Oxford Lecture, entitled “Are Juries a Good Thing? The Jury moved to Swindon in autumn 2010 Chambers. graduate law student with is Out” was given by Lord Brown of Eaton-under- so that now, for the first time since its Four new £10,000 an outstanding record of Heywood in the University Examination Schools, construction in 1964, the whole library scholarships have recently academic achievement, to and was followed by The Court Sermon in the is a law library. With financial support been made available by help reduce their financial from the Law Faculty, the Library 3 Verulam Buildings and burden. presence of The Hon Mrs Justice Pauffley, DBE, at Service installed rolling stacks to Essex Court Chambers, The firm intends this Christ Church Cathedral. accommodate the Bodleian’s large and starting from 2010-2011, scholarship to support As in previous years, secondary and sixth-form important collection of Official Papers. and by Pump Court Tax students who may not school pupils attended and were invited to submit The Official Papers Reading Room in the Chambers and 3–4 South otherwise be able to essays related to the talk. Two winners were chosen, Bodleian Law Library was formally opened Square from 2011–2012. pursue postgraduate by Sarah Thomas, Bodley’s Librarian, and These sets have followed studies, and is particularly Charlotte Bainbridge of St Helen’s and St Katherine’s, Professor Timothy Endicott, Dean of the the lead of Fountain Court, keen on assisting Abingdon, who wrote an essay entitled “Can Science Faculty of Law in November 2010. The new which created a similar students from diverse Ever Fully Replace a Jury?”, and Zoe Wilson of reading room houses a comprehensive scholarship three years and underrepresented Cherwell Secondary School, who submitted an essay set of British parliamentary papers from ago. backgrounds in law. entitled “Judge or Jury? Is it Time for a Change?”. As 1801 to the present day, as well as earlier For more information records of proceedings of parliament about Oxford graduate winners they were given a private tour of the Supreme and non-parliamentary papers, including scholarships see www.law. Court in London. publications of international organisations ox.ac.uk/postgraduate/ such as the United Nations, GAAT, WTO, scholarships.php OAS, ILKC ICAO, and the Council of Europe. Ruth Bird, Bodleian Law Librarian, commented that this innovation means the Bodleian Law Library 'now holds a collection that is similar in its breadth to the great law libraries of the world, where government papers have always been seen as part of their law collections'. Oxford Lawyers Faculty Members ‘Drop Cover and Hold’: How to Publish Human Comment on Spend an Earthshaking Sabbatical Rights Report for the International It started as a distant briefly, before heading back rumble which from my to Christchurch to help the European Parliament Situations vantage point on the top Law Faculty get back on its floor of the Law Building at feet. Law courses are now A group of Oxford Faculty members Both Stefan Talmon and the University of Canterbury being delivered online, in and graduate students have Dapo Akande have been in Christchurch New Zealand marquees in the university’s completed a major report on the involved in commenting on seemed to run directly playing fields, and in any Evolution of Human Rights Charters recent international situations. towards me like a lit fuse. room that can be scrounged, for the European Parliament. The Dapo was asked to analyse As the building began including a motel restaurant. report surveys the evolution of the legality of the decision to to lurch to and fro on its Lecturers’ responsibilities the United Nations, Council of invade Iraq, as part of the Iraq rubber foundations (I was include deciding when to Europe and European Union human war inquiry (see www.law. later told that the library had evacuate students should one rights systems. It makes a series of ox.ac.uk/LN15iraq). He was swayed 4 metres in either of the recurrent strong after- recommendations on how to advance also interviewed by the media direction) I remembered shocks occur. The students the EU human rights system. about the developing situation the instructions posted have been remarkably The report was commissioned by the in Libya, and both he and Stefan everywhere to ‘drop cover resilient, forming volunteer European Parliament’s Committee on have contributed on the issue by and hold’, and scrambled armies to shovel the tonnes Constitutional Affairs. The report has been posting articles on the European under my desk just in time to of liquefied silt which have published by the European Parliament Journal of International Law’s avoid my computer crashing leaked through cracks in the and can be found at www.law.ox.ac.uk/ EJIL:Talk! blog about the legal down, and reflected that this ground, creating sinkholes LN15eu ramifications of the crisis and was turning out to be a rather big enough to cause vehicles the controversy about what more exciting sabbatical than to vanish. Everyone here military action the coalition was I had bargained for. is grateful to the Oxford permitted to take in Libya. Having been evacuated to colleges which have taken in the North Island, to make students from Christchurch university accommodation for Trinity Term, in the available for rescue crews best tradition of the global and for essential staff whose academic community. Stefan Talmon [top] homes had been demolished, and Dapo Akande we returned to England Laura Hoyano, Wadham College 16 Summer 2011 Issue Fifteen 1717 Oxfordevents Law News Oxford Law Newsevents Visit from On 24 May 2011 Professor Stefan Talmon of the Oxford Conference The 2011 Law Faculty delivered the Youard Lecture to a well- Justice Paul filled Gulbenkian Theatre. His topic was “How public on Anti-Social Youard international law has been made, found and proven Mitchell from the 17th to the 21st century”. In a scholarly and wide-ranging discussion, Professor Justice Paul Mitchell Behaviour and Lecture Talmon examined rival accounts of the moral and legal of the Federal Court of foundations of international law since its modern birth Australia visited Oxford the Courts in Legal in the 17th century. He showed the rivalry between in May to talk about international law conceived as a system of treaty-driven the issues of failure of Dr Jane Donoghue, Centre Stefan Talmon bargains between nation-states, and the alternative theory consideration in Australia. for Criminology, ran a half- History of a natural law basis. His ‘third way’, which straddled His paper can be found day conference on Anti-Social the rival positivist and natural law theories, invoked the at www.law.ox.ac.uk/ Behaviour and the Courts in Historical School of Friedrich Carl von Savigny, proposing LN15mitchell England and Wales at New College that jurists uncover the norms of international law through on 22 March 2011. expert analysis of the evolving needs and customs of the This conference disseminated the various national and international law communities. A lively Charles Clarke findings of her Economic and Social debate broke out after the lecture which continued into Research Council (ESRC) funded the evening. Professor Talmon’s contribution exactly fitted and Lord Justice study of Anti-Social Behaviour and US the bill for this annual lecture series, founded by Magdalen Jacob Debate The Jane Donoghue the Courts in England and Wales. alumnus Mr Richard Youard some years ago in order to Role of Courts in a The project involved the study Constitutionalism show how legal historical analysis can be an essential aid in of anti-social behaviour cases in understanding the major subjects of the law curriculum. Democracy magistrates’ and county courts, as in Decline? Stefan leaves Oxford this summer to take up the Chair of well as interviews with practitioners Public International and European Law and the Directorship in seventeen anti-social behaviour Harvard Law School's Hauser Hall In cooperation with the of the Institute of Public International Law at the University units across England and Wales. Rothermere American Institute, of Bonn. Stefan has made a great contribution to public The conference was attended by 80 Liora Lazarus organised a conference international law in Oxford, and his swansong Youard delegates including practitioners, Oxford:Harvard at the end of April 2010 on “US lecture gave Oxford a final masterclass of his thoughtful policy makers, academics, Constitutionalism in Decline?: An scholarship. representatives from victim charities videoconference International Perspective”. and members of the lay magistracy. This event brought together The project findings were presented on Obligations constitutional law theorists and Charles and a lively and interesting discussion practitioners as well as political Michael Kirby Visits Oxford Clarke about their implications followed. A On 15 February 2011, the theorists, selected from a number On 11 February 2011 the report of findings was provided for Obligations Discussion Group, of jurisdictions, to look closely at Foundation for Law, Justice all delegates and a range of other which is concerned with all competing judicial approaches to the and Society, in association publications on the findings are aspects of private law, and is relationship between rights and security, with the Centre for Socio- forthcoming. run and attended by academics the development of socio-economic Legal Studies, brought and graduate students at rights, the jurisprudence of religious together leading figures Oxford, held a videoconference freedom and freedom of speech, and from the worlds of politics, with a counterpart group at the approach to the balancing of rights law, and academia to European Harvard Law School. and public goals (e.g. through doctrines debate ‘The Role of Courts The videoconference comprised of proportionality). More information in a Democracy’ before a a dialogue between Professor about the conference can be found at large audience at Magdalen Society of Andrew Kull, the Reporter of www.law.ox.ac.uk/LN15rai College, Oxford. the American Law Institute’s A publication following on from the The debate sought to assess Criminology Third Restatement on Unjust success of the colloquium, Adjudicating the growing trend towards the Enrichment and Restitution and Human Rights Diversely, is currently in On a stunning summer day on 3 June Appeal ought to be as diverse as possible judicialization of politics, in Working a Professor at Boston University, production. Edited by the colloquium 2010, hordes of graduates turned away and, hence, the mechanism for the which judges are increasingly and Professor Andrew Burrows organisers, it will be a collection from the rare sight of sun to sit inside appointment of judges to these courts implicated in settling policy of the Oxford Law Faculty. The of contributions that draw on the for two hours’ debate on the question should encourage such diversity. Judges disputes. The prominent Group videoconference, which was colloquium theme, and aims to explore of the judicial appointment process should not select judges, he argued, legal commentator Joshua the first of its kind at Oxford, the question: how is it that notionally with the Hon Michael Kirby AC CMG. because they will just choose others in Rozenberg chaired a panel Symposium discussed the evolution of the universal norms are reasoned by In between several conferences and their image and the UK and India have the comprising the former Home Third Restatement, the history of courts in such dramatically different speeches, crammed into a short visit to balance wrong in their selection processes. Secretary Charles Clarke, Lord On 15 April 2011 Professor Julian the law of unjust enrichment, and ways? The book will engage an explicit the UK, Michael came to Oxford to debate Much debate ensued. Is judging really Justice Jacob of the Court of Roberts from the Centre for tracing into commingled funds. comparative method as each contributor and discuss judicial appointments with just about values or is there 'science' Appeal, and Professor Richard Criminology at Oxford and Dr Cyrus Specific attention was given to the reflects on his or her own jurisdiction, by graduate students and law and religion involved? Which is the dominant factor? If Bellamy of UCL. A cross- Tata from the Centre for Sentencing problem of Ponzi schemes and looking at it through the lens of other with undergraduates. The lunchtime the latter, who is the best to assess the skill examining panel, led by the Research at Strathclyde University how the law might best protect jurisdictions – exploring the ‘strange in session, jointly hosted by the Public Law and techniques of a practitioner of legal Hon Mr Justice Philip Sales and co-organized a symposium for the the the rights of victims of such the familiar’ in the adjudication of key Discussion Group and the Law Faculty, science? If judging should be democratic consisting of Professor Daniel European Society of Criminology’s schemes. The videoconference human rights issues. saw a presentation by Michael about the and representative, then should judges Kelemen (Rutgers University) Working Group on Sentencing & was well attended by both importance of personal background and be elected? Michael’s highly engaged and former MP and Professor Penal Decision-Making. The theme of Oxford and Harvard. Its success values to a judge’s judicial philosophy. personality and vivacious presentation Tony Wright (UCL), were then the symposium was “Researching the ensures that the Obligations He illustrated this by reference to the made for two hours of great enjoyment invited to interrogate the Julian Roberts Judicial Role in European Sentencing: Discussion Group, and doubtless background of Sir Isaac Isaacs whose before he was ushered away to speak opening position statements. Interactions & Dynamics”. The other discussion groups at Oxford, philosophy of textualism fundamentally to Oxford undergraduates about the A report of the debate and meeting, which was held at the will run similar links in the future. changed the Federal compact in the 'problems of the texts' in religion: the workshop is now available to Manor Road Building in Oxford, was Engineers Case, a legacy which remains scriptural literalism which drives anti- download from www.fljs.org/ attended by 25 scholars from across with Australia despite an abandonment semitism, homophobia and apostasy. RoleofCourts, and video Europe who are working in the area of pure textualism. Given this premise, of the debate is available at of sentencing and penal decision- Michael argued that ultimate Courts of James Edelman www.fljs.org/debatevideo making. 18 Summer 2011 Issue Fifteen 1919 Oxfordevents Law News Oxford Law Newsevents The Second and Third Intellectual Teaching Procedure Property Conversazioni Project Workshop On 25–27 June 2010, a workshop was held at Herstmonceux Castle, as part of the Project on Teaching Procedure, a project initiated by Professor Janet Walker of Osgoode Hall Law School in Toronto, whose visit to Oxford as Leverhulme Professor was hosted by Professor Adrian Zuckerman. The Project is a collaboration of common law proceduralists interested in fostering teaching and research in civil procedure and related subjects. It currently has members from England, Canada, the Andrew Bridges’ United States, Australia and Israel. The Workshop was held at a castle Valedictory Lecture Since its inauguration in 2009, the Europe), examined the effect of recording multivariate ways in which humans give provocative and insightful commentary. As in Sussex owned by Queen’s University Intellectual Property Conversazione has industry practice on musical creativity, the names to themselves and objects they at previous Conversazioni, following the in Kingston, Ontario, and it was jointly On 16 May 2011, the Centre for become a fixture on the Oxford calendar. proposition that copyright might be good observe and create. The renowned brand panel presentation, the participants retired supported by the Leverhulme Trust and Criminology hosted Andrew Bridges’ The 2010 IP Conversazione brought for music but not always for musicians, expert Wally Olins CBE spoke from his many to the St Catherine’s JCR for a reception, by Queen’s University Faculty of Law, valedictory lecture on the occasion together five speakers to address the and how legal change and new business years of experience advising multinational before vigorous discussion continued Osgoode Hall Law School, and Oxford’s of his retirement as Chief Inspector question “Is Copyright Good for Music?” models might address problems in the businesses on the naming of their products over dinner in Hall. The OIPRC is grateful Faculty of Law. Participants compared the of Probation. Mr Bridges, a Research in a panel chaired by Oxford’s Professor music industry. and services. Geoffrey Hobbs QC then to Barbara Lauriat who organized both teaching of procedure across common law Fellow at the Centre for Criminology of Intellectual Property and Information In the 2011 Conversazione, a panel of considered the practical difficulties caused Conversazioni, and to Dr Justine Pila, who systems and examined its impact on legal (then called Centre for Criminological Technology Law, Graeme Dinwoodie. The three speakers, again chaired by Graeme by the ever-expanding list of ways in which created the Conversazione programme. education, on the academic community, Research) in 1996, was introduced panel, which consisted of Lord Gill (Lord Dinwoodie, tackled the question “What’s a registered trade mark can be infringed on the legal profession and on civil justice by Professor Roger Hood, the then Justice Clerk of Scotland), Daniel Alexander in a Name?” Professor Alan Durant (according to the Court of Justice of the reform. Their papers will be submitted for Director of the Centre, who also led QC, Dr Andreas Rahmatian, Jens Hills and (Professor of Communication at Middlesex European Union). The Hon Mr Justice Arnold a special issue of the Osgoode Hall Law the Q&A session. David Fischer (former CEO of MySpace University Business School) discussed the and His Honour Judge Colin Birss provided Journal and for an edited collection of The lecture was attended by essays to Hart Publications. academics, probation practitioners and managers, officials from the Ministry of Justice and National Offender Management Service, and heads of youth offending teams. Graduate Legal Andrew Bridges paid tribute to all those who have done excellent work Research Conference with offenders and done a difficult job well. Against a backdrop of an The Oxford Law Faculty is home to the largest group of often polarised and two-dimensional postgraduate law research students in the common law debate on criminal justice, Mr Bridges world. On 2 and 3 May 2011 over 40 first-year law research highlighted the work of the many students presented papers about their research at the Fifth practitioners who had influenced and Annual Graduate Legal Research Conference at Corpus engaged someone under supervision Christi College. This two-day event is an important and and made them less likely to reoffend. exciting part of the Oxford legal research students’ calendar A recording of the talk is available and is a vibrant forum for focusing on the methodologies of for download from the Faculty website legal scholarship. at www.law.ox.ac.uk/LN15bridges The conference was opened by the Dean, Professor Timothy Endicott, and closed with a keynote lecture by Professor Jane Stapleton (University of Texas and Australian National University) Chris Hodges on on “Defining and Refining Yourself as a Legal Scholar”. The student papers, by Master of Philosophy, Master of Studies Accessing Justice and Doctor of Philosophy candidates, grappled with issues in legal research methodology in legal philosophy, corporate law, Chris Hodges international law, human rights law, legal history, private law, and gave the Keynote public law. The sessions were predominantly chaired by DPhil Address at a students in their second and third years, and the discussion was conference at lively. Challenges of comparative legal research were raised by the University many of the participants, whose backgrounds and interests are of Windsor, global. Panels of academics led a series of wonderful sessions at Canada, entitled the conference on academic careers, submitting to journals, and “Accessing Justice: ‘to teach or not to teach?’. Richard Hart (Managing Director, Hart Appraising Class Publishing) gave a superb presentation on “Getting Your Book Actions Ten Years Published: 10 Things Every Graduate Student Should Know”. The After Dutton, lunches, coffee breaks, and conference dinner also provided great Hollick & Rumley”, opportunities for students to further discuss their work. on 29 March 2011. This paper will be published in the Liz Fisher [at front right] organised the conference, Canadian Supreme which is the conclusion of the Course in Legal Court Review. Research Methods 20Summer 2011 Issue Fifteen 2121 Oxfordevents Law News Oxford Law Newsevents Graeme Foundations Roger Hood Nazila Ghanea Guy S Bettina Lange Dan Sarooshi Graeme Dinwoodie of Law: lectures 2010 invited to Goodwin-Gill involved in on Collective Dinwoodie gives Beverly Legalism in and 2011 speak on on The Right to Socializing Security at Chicago IP W Pattishall the ancient Human Rights Seek Asylum Economic and the Use Colloquium Lecture on world, Europe Relationships of Force by Trademark Law and Asia workshop States Graeme Dinwoodie, When and how does law In May 2010 Nils Christie of The office of the UN High As the current holder of the Dr Bettina Lange organized Professor Dan Sarooshi Professor Dinwoodie Professor of Intellectual emerge? What distinguishes the Institute of Criminology Commissioner for Human Ganshof van der Meersch a workshop in June 2010 delivered a paper entitled recently returned to Chicago Property and Information it from custom, or from the at the University of Oslo Rights invited Nazila Ghanea Chair at the Université at the Onati International “Collective Security and the and spoke at the Chicago IP Technology Law, delivered commands of a ruler? When presented the 5th Roger to speak at and submit a paper Libre de Bruxelles, Guy Institute for the Sociology Use of Force by States” at the Colloquium, which he helped the Beverly W Pattishall do people appeal to explicit Hood Annual Public Lecture for an expert workshop in S Goodwin-Gill, Senior of Law, Spain entitled 104th Annual Conference to found a decade ago. Distinguished Lecture rules and generalizing entitled, “Scandinavian February 2011 on incitement Research Fellow at All Souls “Socializing Economic of the American Society of His topic was “International on Trademark Law at the categories, and why do Exceptionalism: Five to national, racial or religious College, gave the inaugural Relationships: New International Law (ASIL), on Trademark Protection: John Marshall Law School, they employ such terms to Dangers Ahead” to a sizeable hatred. lecture on the highly topical Perspectives and Methods 26 March 2010. Territoriality in a Post-National Chicago, on 3 November debate the disagreements of audience in the Gulbenkian See Nazila’s paper at www. subject of “The Right to Seek for Analysing Transnational Professor Sarooshi was Age”. 2010. The title of the lecture ordinary life? Lecture Theatre at the St law.ox.ac.uk/LN15ghanea Asylum: Interceptions at Sea Risk Regulation”. elected to the ASIL Executive was “The Role of the Courts Asking such questions about Cross Building. and the Principle of Non- The workshop brought Council in 2006, and his talk in the Development of US the earliest legal traditions, The 2011 Lecture was Refoulement”. The lecture regulation scholars from the was chaired by H E Dame Trademark Law”. including those of Rome, India delivered by Professor Frances was the first in a series of UK and Australia together, and Rosalyn Higgins QC, DCL, Professor Dinwoodie spoke and England, and comparing Heidensohn of the Department seven lectures on refugee law. an edited collection arising former President of the about the character of the them with examples from of Sociology at the London The right to seek asylum is from the workshop, entitled International Court of Justice. US trademark statute (the Burma, medieval France, School of Economics. Professor continuously challenged by the Regulatory Transformations, will Lee Ed Photo: Lanham Act) as a ‘delegating contemporary Yemen and Heidensohn’s lecture was fight against irregular migration. be published. statute’, under which the North Africa, the speakers entitled “Impact and Influence In particular, the European courts are empowered actively at the Foundations of Law in Contemporary Criminology: Union and its Member States to develop the contours of conference, held in June 2011, The Question of Feminism”. The take measures to intercept the law in partnership with discussed the ways in which lecture addressed the range of boats on the sea in order to Congress. He grounded the different legal systems forces that shape the impact prevent irregular migration: this characterisation of the embodied fundamentally of criminological research these measures include patrols Lanham Act in the historical different notions of justice and using feminist perspectives in at sea, treaties with countries development of trademark assumptions about persons, criminology as a case study. of origin or transit to readmit law, and suggested that even property and community, and Audio-recordings of the 2010 the concerned persons, and in an era of rising textualism gave authority, variously, to and 2011 lectures are available agreements regarding the place this vision of trademark lawyers, jurists, bureaucrats on the Criminology website. of disembarkation. The problem lawmaking continued and religious leaders to define comes from the fact that asylum appropriately to command the the ambit of legal rules. seekers are travelling together general support of the courts A stimulating keynote paper with undocumented migrants, and Congress. by classicist and legal scholar in what are called 'mixed flows'. Beverly W Pattishall, in Bruce Frier asked “What Even if the applicability of the whose memory the Lecture Good did Roman Law do the principle of non-refoulement was established, was one Romans?”, while participants is often reaffirmed, the way to of the most prominent US from history, anthropology, implement it represents a real trademark practitioners of classics, law and religion difficulty in such a context. the twentieth century. Prior were brought together in this The Wiener-Anspach Pattishall Lecturers have project, jointly sponsored by Foundation promotes links included Justice John Paul the Centre for Socio-Legal between the Université Libre de Stevens of the United States Studies, the Foundation for Bruxelles and Oxford University. Supreme Court and Alexander Law, Justice and Society, and St von Muhlendahl, the first Vice John’s College. President of OHIM (the Trade Mark Office of the European Union).

(l-r:) Professor Ian Loader, Professor Frances Heidensohn and Professor Roger Hood

(l-r:) H.E. Theodor Meron, President of the UN Criminal Tribunal for the former Yugoslavia & ASIL Honorary President; H.E. Hisashi Owada, President of the International Court of Justice; H.E. Thomas Buergenthal, Member of the International Court of Justice; James Carter, former ASIL President and Partner, Sullivan & Cromwell LLP; H.E. Dame Rosalyn Higgins, former President of the Bruce Frier (in pale blue shirt) talking International Court of Justice; H.E. Stephen M. Schwebel, with Don Davis and other participants former President of the International Court of Justice; outside St Giles House Professor Dan Sarooshi, Professor of Public International Law, University of Oxford; and Prof José Alvarez, former ASIL President, Columbia Law School, New York. 22Summer 2011 Issue Fifteen 2323 Oxfordcentre news Law News Oxford Lawcentre News news Fourth Oxford French Law Moot – 2011 Law is a parochial affair (as Leslie It is hard, indeed, to find a single (l-r:) Professor Guillaume Leyte Green recently declared in an essay research project at the Centre that (Oxford), Mrs Carole Malinvaud (judge), Gary Smadja (KCL), Mr Alain Lacabarats on jurisprudence). Our own common does not have an international (judge), Fanny Fumery (KCL), Professor law is markedly different from Scots or comparative angle. Marina François-Xavier Lucas (judge), Conor law, let alone the civil systems of Kurkchiyan and Cristina Parau are McLaughlin (Oxford), Juliette Roquette (Oxford), Rosanna Thomson (Oxford), central Europe or the shari’a-based both doing comparative work on Professor Stefan Vogenauer (IECL) and codes of northern Africa. If we go Eastern Europe, on court use and Dr Eva Steiner (KCL). back in history we find ancient legal judicial independence respectively; codes in Rome and China, and Anglo Doreen McBarnet and Bettina Lange Saxon precursors to the English law, are investigating, respectively, the in forms that differ so markedly that role of lawyers in the banking crisis we begin to wonder whether they are and the regulation of environmental even law. But the world and its people issues: in each a comparative angle have always been connected through is important. Denis Galligan’s work ties of trade, diplomacy, religion, on the origins of constitutional law culture and technological influences. ranges over a number of historical Researchers on law in society have examples. to address the implications for Three researchers with political law and legal practices of these science backgrounds are also studying intersecting connections and cross- new legal developments within their cutting boundaries. The interests political contexts: David Erdos is of standardization, uniformity and examining the complex and often international collaborations may well contradictory new developments conflict with the requirements for in the laws on data protection and rule-based clarity and jurisdictional freedom of information; Lisa Vanhala boundaries. is analysing the use made of courts Two projects at the Centre by non-governmental organisations; particularly engage with these issues: Janina Dill, our new Wolfson research Institute of European the difficulties of standardization, fellow, is working on international the problems of cross-jurisdictional humanitarian and criminal law, and discrepancies and also the benefits of in particular the issue of law and and Comparative diversity, as one jurisdiction can learn morality in combat operations. from developments in another. As part of an ambitious comparative The programme on Civil Justice, project, the legalism group, in Law headed by Chris Hodges, uses which Fernanda Pirie is engaged, comparative methods to examine has been organising seminars critically the mechanics and contexts on the foundations of law, using of collective redress mechanisms, the carefully chosen examples from The Institute of European supported by the Volkswagen Harvey joined the Institute in Scots law and South African costs and funding of litigation, and the ancient world, Asia, Africa and and Comparative Law Foundation, to study the September 2010 as a Research law, the involvement of EU alternative forms of dispute resolution Europe to illustrate and investigate (IECL) enhances the transformation of the modern Officer to work with Stefan law in private law relations (ADR). The major comparative commonalities and differences in teaching of foreign laws state with a focus on Western on this project. Caroline and, perhaps somewhat study of funding, which covered 36 the emergence of law throughout the at Oxford, co-ordinating Europe and/or European has a degree in Law and ambitiously, “European legal countries, was relied upon heavily world. the Oxford Law with Law integration, be it in political German from Keele and an culture”. The proceedings by Lord Justice Jackson in his recent The Centre has also welcomed four Studies in Europe degree science, law, history, economics LLM in International Law and of some of our events are recommendations on reforms to the visiting academics recently: Professor and the corresponding or sociology. A new scheme International Relations from published by Hart Publishing English and Welsh costs regime. A Ursula Cheer from the University undergraduate exchange sponsored by the Italian Bar Lancaster, and before starting in the “Studies of the Oxford study of class actions is investigating of Canterbury, Dr Sandrasegaram programmes with our Association, the Consiglio at Oxford she practised at Institute of European and the tensions between the interests of Paramalingam, Dr Cristian Vaccari partner Faculties in France, Nazionale Forense, also Freshfields Bruckhaus Deringer Comparative Law” series. access to justice and the need to create from the University of Bologna, and Germany, Italy, Spain brought in four junior scholars LLP in Frankfurt am Main. The most recent addition is safeguards against abuse, and will go Associate Professor Yao Huanqing, and The Netherlands, from Italy. They each spend Genevieve Helleringer the high profile volume on on to examine the extension in the use from Renmin University of China. which recently added two months at the Institute joined the Institute from the the question of whether the of strict liability provisions, and their Law, by its very nature, promotes an exchange with the in order to pursue a research University of Paris Panthéon- prohibition of abuse of law is consequences. standardization and systematization, University of Pompeu Fabra project in comparative and/or Sorbonne in March 2010. a new general principle of EU Looking further afield, the while people and their communities in Barcelona. Under the European law. Genevieve is a Marie Curie law. Programme on Comparative Media are individualistic and diverse. So, skilful coordination of Dr The major research project Fellow and will spend two Our activities would not Law and Policy has recently launched why is it that law is so appealing Eric Descheemaeker and on “The Common Frame years at the Institute where be sustainable without the a new project on protection of the across cultures and history, in modern with the generous support of Reference of European she will work on comparative generous support of our media through law, as a route to contexts as much as ancient? Why, of Gide Loyrette Nouel, the Contract Law in the Context of contract law and European external sponsors, and we greater freedom of expression in conversely, do some communities Oxford French Law Moot English and German Law” (“CFR legal culture. are extremely grateful to the China. Working as a partner with eschew almost all forms of legalistic has also grown from a small in Context”), funded by a large As usual, the Institute hosted Deutscher Akademischer Centre Peking University, Renmin University thinking? These questions are worth internal student initiative to joint research grant from the the Comparative Law and the Austauschdienst, the and the Great Britain China Centre, engaging with, although they hardly a Europe-wide competition Arts and Humanities Research EU Law Discussion Groups Wallenberg Foundation and, the programme will take the lead in admit of a single, or simple, answer. (see p 49). Council and the Deutsche and many special conferences, first and foremost, Clifford for Socio- designing and delivering comparative Meanwhile, the study of law in society The Institute continues Forschungsgemeinschaft, has workshops and symposia. Chance LLP for their continuing research on Chinese and EU media remains challenging and diverse for to be involved in a host of entered its second year. It is Topics ranged from “Corporate support. laws. This will enable Chinese scholars all the excellent scholars based at the research initiatives, most jointly organised by Professors Insolvency in France and the to undertake research trips to the EU Centre for Socio-Legal Studies. of which involve some Gerhard Dannemann of the UK” to “Competition Law in Legal and develop policy networks in China form of collaboration with Berlin Humboldt University the Pharmaceutical Industry” Stefan Vogenauer, linked to international partners, as Fernanda Pirie international partners. We and Professor Stefan and “The Protection of Professor of Comparative Law well as resulting in joint academic welcomed two postdoctoral Vogenauer from Oxford Fundamental Rights in the EU and Director of the Institute Studies publications. researchers under the new and brings together some after Lisbon”. Forthcoming Anglo-German ‘State of the 40 legal scholars from the events will deal, inter alia, with State Fellowship’ scheme two countries. Caroline the notion of iniuria in the 24Summer 2011 Issue Fifteen 2525 Oxfordcentre news Law News Oxford Lawcentre News news The Oxford Intellectual Property Research Oxford Centre (OIPRC), which in 2008 moved from St Centre for Peter’s College to the Faculty of Law, draws its Intellectual membership from across the departments and Criminology faculties at the University. In addition to the Law Faculty, it has members in the Department his has been another busy and successful Property year for the Centre for Criminology in terms of of Economics, Saïd Business School, the Oxford Tresearch and teaching. The MSc in Criminology Internet Institute and the Department of Politics. and Criminal Justice programme continues to thrive, attracting high quality students from around Research Graeme Dinwoodie, Professor of Intellectual the world. Over the last few years we have also built Property and Information Technology Law since up an active graduate research community which currently comprises 23 students. Centre 2009, is the Director of the OIPRC. On the research front, several members of the Centre published books this year. Ian Loader published Public Criminology?, and a co-edited book Emotions, Crime and Justice, and Mary Bosworth and Carolyn Hoyle had their edited volume What is Criminology? published by Oxford University Press. Centre members have also had a successful year Intellectual Property On 4 December 2010, the OIPRC recently launched of securing major research grants. Rachel Condry Law at Oxford is Centre hosted an event on its new website, www.oiprc. commenced her research on Adolescent to Parent taught through two “Comparative Perspectives ox.ac.uk Violence funded by the Economic and Social Research optional courses at the on Protecting Products by The site contains links Council (ESRC), and received a small grant for a study of undergraduate level, and Patents”, at St Catherine’s to, and information about, parenting and youth justice from the British Academy. one graduate course on College. publications by Centre Mary Bosworth’s study of immigration detention the BCL/MJur/MLF. In This was the first in a series members who research in a received funding from the Fell Fund and a British collaboration with the of events planned around the variety of fields, including most Academy Research Development Award. Ian Loader Intellectual Property theme “The Common Law of recently The Requirement for received a grant from the Police Foundation for a Lawyers’ Association, the Intellectual Property in an Era an Invention in Patent Law by collaborative doctoral studentship on elected Police Faculty also trains some of of Europeanisation”. Daniel Dr Justine Pila, Trade Dress and Commissioners. the brightest newly qualified Alexander QC, Professor Design Law co-authored by We were also pleased to welcome several new staff to IP solicitors through the Rochelle Dreyfuss and the Professor Graeme Dinwoodie, the Centre. Jane Donoghue arrived as a departmental postgraduate Diploma in Hon Mr Justice Floyd were the Innovation, Intellectual Property, lecturer in criminology and is conducting an ESRC- Intellectual Property Law panel speakers for the day. The and Economic Growth by funded study of specialist anti-social behaviour courts. and Practice. next event in this series will be Professor Christine Greenhalgh Mai Sato took up post as the first Howard League Despite its new home in a conference at St Catherine’s and Dr Mark Rogers, Delete: Postdoctoral Fellow. Mai works on the death penalty the Law Faculty, the OIPRC College entitled “European the Virtue of Forgetting in the and the use of deliberative polling to study public remains inter-disciplinary in Methods and Interactions Digital Age by Professor Viktor responses to punishment. Professor David Nelken has nature. The Centre holds a in the Field of Intellectual Mayer-Schönberger and The been appointed Visiting Professor of Criminology in regular Intellectual Property Property Law” in January 2012. Implementation Game: The the Centre for the next three years. Professor Nicola seminar series with speakers The Centre’s focus is also TRIPS Agreement and the Global Lacey, recently elected a Senior Research Fellow at from a variety of disciplines. consciously international, Politics of Intellectual Property All Souls College, has also become a member of the This year’s series was kicked and on 18–19 March 2011 Reform in Developing Countries Centre. In addition, we are pleased to welcome three off with a presentation by Lord we once again hosted the by Dr Carolyn Deere-Birkbeck. new research officers to the Centre, Blerina Kellezi, Justice Jacob on 19 October. prestigious International Caroline Miles, and Patrick Tomlin, and three new Likewise, leading Intellectual Property Moot Research Fellows, Jacqui Karn, Rebecca Mer, and Peter international academics competition, featuring teams Neyroud. The Centre was also delighted to welcome visit the Centre to conduct from universities from around several visiting academics this year: Leonidas Cheliotis, research. This year, the the world. Dr Lanying Li, Dr Marie Segrave, Professor Stewart, Dr Centre hosted Professor Yan’an Shi, Dr Gwen van Eijk, and Sarah Van Praet. Rochelle Dreyfuss of New This year the Centre said goodbye to Ros Burnett, York University Law School, Reader in Criminology, who retired after a long career who is currently writing a in the Centre. We owe a debt of thanks for all that book on international patent Ros contributed to the Centre over many years – and law with Graeme Dinwoodie. we hope she will continue to do so as one of our Professor Dreyfuss, who is Research Associates. Ros is to be replaced by a Career the Christensen Fellow at Development Fellow in Criminology, and we are St Catherine’s College for delighted to have appointed Dr Ben Bradford, currently Michaelmas 2010, is a Research at the Methodology Institute in the London School of Fellow of the OIPRC. Economics, to this post. He will be joining the Centre in September. Finally, the Centre has acquired a new, exciting  website. Those who wish to find out more, or keep abreast of the Centre’s research and teaching activities, can do so at www.crim.ox.ac.uk Lord Justice Jacob, who presented The 2011 International Intellectual Property Moot the first of the 2010–2011 seminars (l-r:) Stuart Baran, Professor Graeme Dinwoodie, Mr Justice Floyd, Lord Justice Ian Loader in October Mummery, Lord Justice Jacob, Adam Burk (LSE), Ling Yah Wong (LSE), Professor of Criminology and Director of the Centre for To Tarantola (LSE), Carmen Chung (HKU), Jacqueline Law (HKU) Criminology 26Summer 2011 Issue Fifteen 2727 Oxfordcentre news Law News Oxford Lawcentre News news The Bodleian Law Library has our update last year, were also seen The tax law options at the Faculty continue to attract had a bumper year of change as innovative. Ruth Bird received an excellent students and a number of them regularly go Bodleian and renewal. We had a major Allan Myers Exchange to the University on to the top tax chambers. This was recognized by refurbishment, as well as ongoing of Melbourne in 2010, for a five-week the members of Pump Court Tax Chambers who have improvements to the lighting in study tour, and a chance to share ideas generously donated an annual scholarship of £10,000 Law the building. Our staff won several and best practice with colleagues. per year for BCL/MJur students with an interest in tax awards, and we completed our first We started a great project of law. A reception was held at the Law Faculty in January year of the revised Legal Research transferring our Library Guides to the 2011 to mark this important new addition to the Faculty’s Library and Mooting Skills course. collections from paper to interactive scholarships and several members of this leading tax The long neglected ground floor of online guides, available to the world chambers attended to meet the students and discuss a the St Cross Building was transformed at http://ox.libguides.com/cat. career at the tax bar. The scholarship has been awarded for to accommodate the Bodleian Libraries php?cid=23893 – a great starting the year commencing 2011 and applications are welcome Official Papers collection, which moved point for anyone researching the topics for 2012. Full details are available at www.law.ox.ac.uk/ to St Cross from the Radcliffe Camera. covered, because many links are to free postgraduate/scholarships.php It is one of the best collections of materials on the web, as well as our The Oxford University Centre for Business Taxation British Parliamentary papers, United own collections. (OUCBT) runs a full programme of events and research Nations documents (including UNICEF We have seen an increase in Oxford (see www.sbs.ox.ac.uk/centres/tax/). The annual summer & UNESCO), papers from the Council numbers coming to the library, much symposium and conference are well established events of Europe, the IMF, the ILO, WTO and to our delight – up more than ten in the calendar for tax specialists world-wide and were as the ICAO. Materials are catalogued percent on last year already. Nowadays well attended as ever in 2010, with a keynote conference and accessible on open shelves. The readers come armed with laptops and University speech from David Gauke MP, the Exchequer Secretary to collection complements the European smart phones as they sit at desks with HM Treasury, titled “Business taxes for a new government”. Documentation Centre collection books propped up next to the latest David Gauke returned in July 2011 for the conference already held in the Law Library. The technology, and they multi-task away. Centre for “Taxing corporations: competitiveness, transparency old, temporary shelving (in place Our expenditure on books and and responsibility”. The academic symposium was since the mid-1980s) was removed electronic resources was once again supplemented in 2011 by a conference on the highly topical and brand new, gleaming compact greater than our allocation. The Business and contentious issue of the allocation of the international shelving installed. With carpet, new donations provided by our supporters corporate tax base, co-hosted with the International lighting and several desks for readers, ensured we did not have to undertake Network for Tax Research and featuring papers by Mary this new reading room has added any drastic cancellations which may Taxation Bennett and Caroline Silberztein of the OECD and by another 1,000 sq metres of accessible have adversely affected the teaching Professors Reuven Avi-Yonah (Michigan), Wolfgang Schön space to the Law Library. We also have and research efforts of the Faculty. (Max Planck, Munich), Richard Vann (Sydney) and Michael the knowledgeable Official Papers staff We are indebted to the continuing Devereux from the Centre. as part of our team, on hand to give support we receive from Freshfields OUCBT also organized a workshop with the Taxation expert advice to readers. Usage of this Bruckhaus Deringer, Baker & McKenzie, Law and Policy Research Institute at Monash University collection has already increased in the Hogan Lovells, Slaughter & May, and and Atax, University of New South Wales, on revenue six months since the opening of this Weil Gotshal Manges. We also receive authority discretion and the rule of law, bringing together great new facility. lesser, but very welcome, donations issues of revenue law and public law. Papers from fourteen The lighting in the Law Library used from several donors of prizes to our countries, including China, South Africa, the USA, France, to be fairly dim in places, and over the students. Australia and the UK, will be published in the resulting past few years there has been a rolling When you next visit Oxford, please book, The Delicate Balance – Tax, Discretion and the Rule of programme of renewal of the lights. come and have a look at the law library Law to be published by the International Bureau for Fiscal Systems incorporating automatic and see some of the changes that are Documentation. sensors for dimming light have been taking place! installed on most floors and new lighting has been incorporated into Ruth Bird all the carrels. This long term project Bodleian Law Librarian should see the roof lights in the main reading room replaced over the summer, so the long evenings of winter hunched over the desks under a weak Hilly Laura from permission pool of light will also be a thing of the past. The efforts of our staff to improve services to our researchers, students and academics were recognised in the i3 Awards, given by the Bodleian Libraries. Our webteam were recognised for their initiatives with Facebook, Twitter, our LawBod blog, and our website. We have a programme of digitizing articles on reading lists when they are not available elsewhere, and this was recognised, as was the document delivery service we provide to law firms, chambers and individuals. And finally our Faculty visits, mentioned in Spring brought an unexpected visitor to the Library, in the shape of 'Dewey Duck'

28Summer 2011 Issue Fifteen 2929 Oxfordresearch and research Law grants News Oxfordresearch and Law research News grants The British Academy (BA) is the UK’s national body to develop my research into England and Wales. for the humanities and social sciences and is one the nature of property law, The first scholarly outcome British and the boundary between from the fellowship is a of the core funders for these areas of research in property and obligations, recently published article in the UK universities. The British Academy is supported possibly taking that research British Journal of Criminology, Academy in unexpected directions. “Sentencing Guidelines and mainly by government grants and it works with the There are three principal Judicial Discretion: Evolution of Arts and Humanities Research Council (AHRC) and areas on which I am currently the Duty of Courts to Comply focussing. First, the defence in England and Wales”. The research the Economic and Social Research Council (ESRC) to and development of my views article explores the evolution provide a range of fellowship and project funding as to the nature of equitable of the duty of courts to comply property rights, set out in my with the English sentencing for academic research. The BA’s small grant schemes book, The Structure of Property guidelines, and notes that the grants have recently closed, but their new mid-career Law. The practical operation of language of the duty of a court such rights has come sharply provision has become more fellowship will be of interest to some members of The Leverhulme Trust, established in 1925, into focus with the recent and robust. For example, courts Faculty and the post-doctoral fellowship scheme controversial decision of the now 'must follow' definitive operates across all academic disciplines, funding Court of Appeal in Shell UK v guidelines rather than merely is ongoing, so we hope to be able to continue to research projects, fellowships, studentships, Total UK; and the conceptual 'have regard to' them. At the secure BA funding for the Faculty in the future. nature of the rights has been same time, the government bursaries and prizes. With annual funding of discussed by academics significantly increased the approximately £50 million, the Trust is among the responding to the analysis set range of sentence within out in my book and developed which courts must sentence. largest all-subject providers of research funding in in an article by Professor Robert The essay provides some the UK. Oxford University received £3.3 million in Stevens (formerly of Lady international context, drawing Margaret Hall) and myself. upon experiences in the grants in 2009–2010, and 46 new projects were set Second, the comparative law jurisdiction in which guidelines up that year. Sandra Fredman and Mark Freedland of trusts and other equitable have been longest in existence, property rights, a topic which and explores the limited in the Law Faculty have both previously held is of real practical relevance compliance statistics collected Leverhulme Major Research Fellowships. The Trust as a number of non common- in England and Wales to date. law jurisdictions have recently The consequences of the has also recently funded two visiting professors in adopted, or plan to adopt, latest changes for sentencing Mary Bosworth the Faculty, Steven Schwarcz and Janet Walker. trust-like devices. Third, the law in England and Wales are also of proprietary estoppel: an area discussed. Receives Grant for where the law of obligations Understanding Privacy and Open Ben McFarlane and property overlap, and on Early Career Dorota Leczykiewicz and Society Project awarded Philip which I am writing a book, Fellowship Immigration Stephen Weatherill have been aimed at practitioners. The awarded a British Academy Launched Leverhulme Prize Philip Leverhulme Prize will awarded to Dorota Detention Project conference grant of £7,399 for a provide me with the teaching conference on “The involvement of In May 2010 a three-year Ben McFarlane, Reader in and research support that will Leczykiewicz Mary Bosworth, Reader in EU law in private law relationships”, project on Data Protection Property Law and a Fellow allow me to work on these areas Criminology and Fellow of St Cross to be held in September 2011. and the Open Society (DPOS) of Trinity College, has been over the next three years.' Dorota Leczykiewicz College, has been awarded a 24-month Robert George launched in the Faculty of awarded a prestigious has been awarded a three- British Academy Research Development awarded a British Lisa Vanhala has obtained a British Law’s Centre for Socio-Legal Philip Leverhulme Prize Major Research year Leverhulme Trust Early Award (BARDA) of £119,147 for her Academy award to support her Studies. by the Leverhulme Trust. Career Fellowship, to start project “Understanding Immigration Academy Post- research project “Beyond just Law Funded by a Leverhulme Each year, the Trust awards Fellowship awarded in Michaelmas Term 2011, Detention”. Her research, which is also and Politics: A Socio-Legal Analysis Trust Early Career Research five such prizes in each of to Julian Roberts entitled “Applying EU norms funded by the University’s John Fell Doctoral Fellowship of European Legal Mobilization by Fellowship, it is led by David five selected disciplines to against individuals”. Fund and the Nuffield Foundation, the Environmental Movement”. Erdos, a researcher based 'outstanding scholars who The Leverhulme Trust has The project investigates the is the first national study of life in Robert George has been awarded at CSLS and Balliol College. have made a substantial and awarded Professor Julian concepts and principles which UK immigration removal centres. a three-year British Academy Post- Cristina Parau has been awarded This project explores the recognised contribution Roberts a Major Research govern the applicability of EU Previously a prisons scholar, for the Doctoral Fellowship, to start in a British Academy grant for work origins and functioning to their particular field of Fellowship, which started in norms against individuals, to past few years Mary has been studying Michaelmas Term 2011. His project, on “The Europeanization of Legal of Data Protection (DP) study, recognised at an September 2010. identify the inherent limits of the growing convergence between entitled “The realities of relocation: Mentalities in Post-Communist law and practices from an international level, and The purpose of the this applicability, such as those immigration control and the criminal analysing disputes over post-separation Eastern Europe”. Open Society perspective. It where the expectation is that fellowship is to enable stemming from the established justice system. Since November 2009, family migration in the English trial focuses on examining, and their greatest achievement Professor Roberts to study doctrines of EU law, the Mary has been conducting fieldwork in courts”, will focus on the legal disputes Rachel Condry received a British hopefully partially resolving, is yet to come'. The prize, the sentencing guidelines limited legitimacy of the EU various detention centres, interviewing that arise between separated parents Academy Small Research Grant the tensions between DP and of £70,000, will be used by in England and Wales. This legal order, general principles staff and detainees about their when one proposes moving to a new for her project “Parenting Work other important societal values Ben to develop his research jurisdiction is the only one of law and relevant political experiences. In July 2010 she was joined location with their child. Although these and Parenting Expertise in Youth including, most especially, in both property law and in outside the US that has considerations. in her project by a research officer, cases are increasingly common, very Justice”. freedom of information and private law more generally. adopted formal, numerical Blerina Kellezi, whose one-year post little is known about their everyday expression. The three-year Asked about the award, sentencing guidelines, yet Ian Loader and Marina is funded by the Fell Fund. The project reality in England. Robert’s project will Bettina Lange in the Centre for time frame of the project Ben commented: 'The Philip there has been an almost total Marouda (research officer) aims to contribute empirical material examine the transcripts of judgments Socio-Legal Studies has been allows for a really deep Leverhulme Prize is unusual, absence of scholarship on the secured a £46,000 research and a deeper understanding of the from a sample of trial courts and awarded a small research grant analysis, to lead to a better and extremely generous, as guidelines. During the course project grant from the complex nature of these institutions to will interview litigants involved in of £7,460 by the British Academy framework for accounting for the funding it provides is not of the two-year leave, Julian Leverhulme Trust for their the burgeoning interdisciplinary field relocation disputes to look at trends in for a comparative pilot study the various values at stake, tied to any specific project; will be collecting original project “Culture in Transition? of studies that has sprung up around the decisions of the trial courts and to “Reconceptualizing farmers’ water and feed into the revision of its aim is rather to assist the data relating to the nature An Observational Study of border control. obtain some detailed data. rights through stewardship”. the European Data Protection holder in furthering his or her and effects of the sentencing Private Police at Work”. Directive that is currently research plans. As a result, I guidelines which are issued under way. will be able to use the funding by the Sentencing Council of Background: Carlton House Terrace, London, near the home of the British Academy. Photo by Yersinia Pestis from www.flickr.com/photos/yersinia/464447797/in/photostream/ 30Summer 2011 Issue Fifteen 3131 Oxfordresearch and research Law grants News Oxfordresearch and Law research News grants The Programme in Comparative Media Research ESRC Law and Policy (PCMLP) has embarked on a new awards China-Africa research project to examine China’s increasing role  Susan Bright has received a John Fell in the media sector in Fund grant of £12,000 for her pilot study workshop Africa and its impact on “Evaluating the impact of social factors shifting ideas of freedom of Analysis of The in possession proceedings”, to test expression, development methodology for the empirical side of and state security. Lord Eldon Papers a study that will explore how decision- Supported by a grant from making works in claims for the recovery the Economic and Social of possession of both owner-occupied Research Council (ESRC), and rented homes. PCMLP gathered scholars from China, Africa, and Roy Goode and Louise Gullifer have Europe, for workshops and received $150,000 from the Aviation research in Oxford and Ghana.  Working Group for a three-year project The aim was to develop a en years ago Lord Eldon’s entitled “The Cape Town Convention nuanced understanding books and papers migrated from Academic Project”, which started in July of the approach China the Inns of Court in London 2011. Louise and Roy will work with the T University of Washington Law School to is adopting, from its to the Georgetown Law Center in enhanced involvement in Washington DC, where they reside in analyse the Cape Town Convention with the telecommunication a Rare Books Collection just a stone’s a view to enhancing the understanding sector to the expansion of its throw from the Capitol. and effective implementation of the international broadcasters and The Collection contains Eldon’s treaty and its advancing aims. its promotion of a less-open personal papers, from his early days Louise Gullifer has been awarded model of the Internet. Future as a school boy, through his years as a £10,000 by the Asset Based Finance research will consider the famed counsel and Solicitor-General,  Association, for her project “Ban on impact of these approaches to his long periods of office as Lord Assignment”, which looks at the legal on shifting norms of freedom Chancellor. The collection also houses position in the UK and other jurisdictions of expression in democratic many earlier treasures of English legal to examine the effects of clauses and authoritarian countries in and constitutional history that ended banning assignment and the possible Africa. up in Eldon’s hands, from Bracton and effects of their prohibition. Coke through to the constitutional conflicts of the Stuart period and Sandra Fredman is co-chair of the on to the age of Lord Hardwicke in Equality and Diversity Forum Research the mid-eighteenth century. Joshua Network, which has been awarded a Getzler, Reader in Legal History at grant by the Government Equality Office Oxford, has received funding from to assist in developing their evaluation the John Fell Fund, to assist him in  framework for the new Equality Act 2010. studying these papers. To kick off Sandra also received £3,096 from the this project he has already written Socio-Legal Studies Association in its Chinese flag background photo by Philip Jägenstedt on Flickr. Composition with on Lord Eldon’s famous contribution annual seminar competition. Africa outline by Steve Allen to trusts law in Morice v Bishop of Durham (1805). In this case Eldon’s Sonia Macleod has been awarded notebooks, read together with the £75,730 from the Economic and Social The CMS Research Programme on Civil by Chris Hodges, Professor Stefan Vogenauer well-preserved pleadings in the Research Council for a year-long project Justice Systems, led by Professor Christopher and Dr Magdalena Tulibacka was relied on in National Archive, reveal a fascinating entitled “Is Jurors’ reasoning ‘beyond Civil Hodges, is working on a series of projects the Jackson Costs Review, which is now being background of high Anglican church reasonable doubt’? Examining juror aimed at devising a new dispute resolution implemented by the government. politics, where leading clergy were decision making about DNA evidence”. system for European jurisdictions. The A major comparative project, involving Dr striving to fund the campaign for Justice  Imogen Goold is a co-investigator on Programme is funded by the European Iris Benöhr and Dr Naomi Creutzfeldt-Banda abolition of the slave trade and to a new award from the Netherlands Justice Forum and CMS Cameron McKenna with Dr Chris Decker, is revealing the existence rebuild the welfare system in the wake Organisation for Scientific Research Research LLP. Combining findings on dispute of a largely unknown universe of alternative of the Napoleonic wars, both projects (NWO) for a project called “Enhancing resolution and regulation, Chris gave the dispute resolution (ADR) systems for consumer led by William Wilberforce with his responsibility: the effects of cognitive Keynote Address at a conference at the claims, mainly involving ombudsmen and good friend the Bishop of Durham. enhancement on moral and legal University of Windsor, Canada, entitled Codes of Practice in regulated sectors. These Further work will encompass the responsibility”. “Accessing Justice: Appraising Class Actions schemes, which differ from more familiar trusts decisions of Lord Hardwicke Ten Years After Dutton, Hollick & Rumley”, on mediation mechanisms for court claims, present in the 1740s, Eldon’s work as counsel Irini Papanicolopulu has received a 29 March 2011. This paper will be published real opportunities for increasing access to in various financial scandals of the two-year Marie Curie Fellowship, which in the Canadian Supreme Court Review. justice outside courts, and also for improving 1790s, and from an earlier age records started in July 2010, for her project The team’s study on the emergence of third compliance and raising business standards. of constitutional conflict in the reign “Integrating the human element party litigation funding in Britain for civil cases, Chris Hodges has been advising the European of Charles I. As well as working on into the law of the sea: the quest for with Lincoln University, which revealed its Commission on the findings, on which legislative the Georgetown papers, Joshua will a comprehensive legal regime and findings at an International Conference on proposals are planned for late 2011. spend a period in 2011–2012 as Bok adequate implementation tools at the  Litigation Funding held at Oxford in June 2010, Dr Sweta Chakraborty is looking at whether Visiting International Professor at international and EC level”. concluded that although litigation funding has safety issues with pharmaceutical products the University of Pennsylvania Law  Stefan Vogenauer has been awarded increased access to justice for larger companies, during the past 40 years in Europe were School, where he will explore the legal £15,000 by the Nuffield Foundation for individuals and small companies have not identified by regulatory or liability systems. records of Pennsylvania, a colony and his project titled “The use of optional benefited due to the funding models that are Dr Rebecca Money-Kyrle is analysing the class state which made its own distinctive instruments in European contract law: an currently available. Regulation will be necessary action regimes in around 40 jurisdictions, and contributions to the history of law and empirical analysis”. The project started in to protect consumers before long. The 2009 the safeguards that they use. equity in America. June 2011 and will run for one year. comparative project on litigation costs led 32 Summer 2011 Issue Fifteen 3333 Oxfordresearch and research Law grants News Oxford Law Newshonours Centres obtain Dr Mary Bosworth has been Dapo Akande invited to review the  Parliament and Human Rights appointed to a Concurrent project led by Oxford ESRC funding Professorship in Criminology ICC Model Law on war crimes and at Monash University in genocide for graduate Melbourne for the next two Murray Hunt, Visiting Professor at Oxford, is leading a years. During her visits to Dapo Akande has been appointed by the new project within the Faculty to assess the effectiveness research Melbourne she will continue Commonwealth to an Expert Group that will review of legislation in protecting the human rights of citizens her work on immigration legislation implementing the Rome Statute of the in the UK, and has received a grant from the Arts and The Centres for Socio-Legal detention, liaising with International Criminal Court. The Commonwealth Humanities Research Council (AHRC) to fund the project. Shell Studies and Criminology colleagues in Australia created a Model Law to Implement the Rome Statute, The project, which will also be conducted by two part-time participate in the Social working in similar areas. In which assists countries in enacting legislation to researchers in the Faculty, Hayley Hooper and Paul Yowell International Science Division Doctoral the second year, Mary will recognize the crimes of genocide, crimes against (see page 51), will focus on the work of the Parliamentary Training Centre, a hub for the be based for three weeks in humanity and war crimes, and on which several Joint Committee on Human Rights (JCHR) over the course of BV renews co-ordination of training and the Monash University Prato national laws in the Commonwealth are now based. the 2005–2006 and 2006–2007 Parliamentary sessions, and funding related activities for graduate Campus in Italy where she will The Commonwealth has appointed the Expert Group is likely to generate a database of approximately 1,000-1,500 social science researchers in organize a seminar on gender to review this Model in light of the experience of the entries. This will be a valuable research resource which could In October 2010, Shell Oxford. and border control. last seven years, since its creation. The Expert Group be made available on a project website, and will include, for International BV extended In spring 2011, the UK is composed of State representatives and members of example, hypertext links to relevant Hansard materials. It their support of the Economic and Social Science civil society; Dapo is the only academic appointed to will also enable some authoritative empirical findings to be Programme in Comparative Research Council (ESRC) Liz Fisher was shortlisted for the Group. made, about matters such as the frequency of reference to Media Law and Policy at announced the outcome of its the Law Teacher of the Year JCHR reports during the Parliament, the pattern in terms of the Centre for Socio-Legal new round of recognition for 2011 award, a prestigious which members raise human rights issues, and the range of Studies (PCMLP), for a doctoral training in the social national award, which  conceptions of human rights held by parliamentarians. Some further two years. The Shell sciences and Oxford’s bid was recognises and rewards the Andrew Ashworth as President of interesting themes are already beginning to emerge about Fund supports PCMLP’s successful. This included a vital role that law teachers the Association of Commonwealth the nature and quality of debate in Parliament about human projects on freedom of new application for the Law play in educating future rights, as well as its frequency, which challenge some of the expression and the rule of and Society programme at the lawyers. Criminal Lawyers assumptions in the literature. It is hoped that this evaluation law in Africa, Asia and the Centre for Socio-Legal Studies, will enable the team to assess the impact of the JCHR on the Middle East. This significant which has now regained Professor Andrew Ashworth has become the first quality of human rights debate in Parliament, and whether any donation reaffirms Shell’s its ESRC recognition, and Imogen Goold has been President of the Association of Commonwealth trends are observable. recognition that freedom continuation of recognition for invited to be an Associate Criminal Lawyers. Formed in 2010, the Association The AHRC intend to produce a policy briefing based on of expression is essential to the Centre for Criminology’s Editor of the Journal of aims to enable lawyers to understand each other's the project reports, and a two-day, international seminar is sound societal development graduate research programme. Medical Ethics, a leading criminal law, and to keep up with new developments, planned at the end of the project, on 12 and 13 April 2012, to and ensures the continued Being ESRC recognised, the international journal that so that traditional principles of common law disseminate the outcomes of the research. work of PCMLP in this field. Centres obtain studentships reflects the whole field of criminal justice – including the rule of law, an from the ESRC, for Law and medical ethics, and has an adversarial process, and the right to a fair trial by an Society graduate research at the Editorial Advisory Board made independent and impartial tribunal – are maintained Centre for Socio-Legal Studies up of members from all over and developed across the Commonwealth. The and for criminological research the world. Association will publish a journal, the Journal of at the Centre for Criminology. Commonwealth Criminal Law. Further details about its activities can be found on the website at www. The European Union has laid the Dr Alan Milner was honoured acclawyers.org foundation for its renewable energies in the Queen’s Birthday Beyond 2020: policy until 2020, in Directive 2009/28/EC. Honours 2009 (at the same In a new collaborative research project, time as Professor Brownlie and a harmonised under the “Intelligent Energy Europe” Professor Ashworth). Alan, a Judith Freedman Appointed to a  call from the European Commission, member of the Law Faculty policy for renewable Angus Johnston aims to look at policy and an Emeritus Fellow of Government Tax Law Panel beyond 2020. The project hopes to design Trinity College, legal editor and evaluate feasible pathways for a and publisher, was awarded On behalf of the government, David Gaulke, electricity in Europe harmonised European policy framework an OBE for services to good Exchequer Secretary to the Treasury and Oxford law for supporting renewable electricity in governance in Africa, the alumnus, has invited Professor Judith Freedman to be particular, and renewable energy sources Overseas Territories and a member of a group of tax experts set up to explore (RES) in general. Crown Dependencies. the case for introducing a general anti-avoidance In collaboration with 11 legal, economic provision into UK tax law. Headed by Graham and technical research partners across Aaronson QC, the committee also includes three Europe, led by the Energy Economics Group Professor Julian Roberts judges, one of whom, Lord Hoffmann, is a Visiting at Vienna University of Technology, Angus has been appointed to a Professor in the Faculty. will co-ordinate the legal analysis of current new national body set up to Judith commented, 'This is very exciting for me systems of RES promotion in the EU and its ensure a consistent approach personally since it was the topic of my inaugural Member States. This will form the basis for to sentencing. Professor lecture ten years ago and I have been pushing for it to developing proposals for legal rules as part Roberts has become one be taken seriously ever since.' of the possible future policy frameworks of 14 members of the new The group is due to report its conclusions to the identified by the project. Sentencing Council (http:// Exchequer Secretary by 31 October 2011. HM Treasury The assessment will focus on the period sentencingcouncil.judiciary. posted a full press release about the committee in beyond 2020, although the transitional gov.uk/). January, which is available at www.law.ox.ac.uk/ phase before 2020 will also be analysed. LN15tax A key element of the project will be the frequent interactions between the Simon Whittaker and Hugh Judith was also appointed Adjunct Professor in the economic, technical and legal analyses, Beale have been appointed new Australian School of Taxation and Business Law, ensuring that constraints and opportunities to the European Commission’s part of the Australian School of Business in Sydney, in these areas are identified at early stages in Expert Group on a Common and was invited to give a lecture to inaugurate the the research, in order to lead to more robust Frame of Reference in new School. policy proposals at the conclusion. European contract law. 34Summer 2011 Issue Fifteen 3535 Oxfordhonours Law News Oxford Law Newshonours Timothy Endicott, Ruth Bird was made an John Armour elected to American  Professor Ewan McKendrick Dean of the Law Honorary Bencher of the Middle Temple in 2010. Law Institute appointed Registrar of the Faculty, said: Ruth has been the Bodleian ‘The Registrar has Law Librarian at the University Professor John Armour was elected in September 2010 of Oxford since 2004, having to the American Law Institute. He joins our colleagues University responsibility for started her career in teaching Paul Brand, Roy Goode, William Swadling, Jane such a broad range before studying and working Stapleton, Simon Whittaker, and Adrian Zuckerman. rofessor Ewan McKendrick, Herbert of the University’s as a teacher librarian, and Smith Professor of English Private Law, then moving into law PFellow of Lady Margaret Hall, and former affairs; Professor librarianship in two Australian Graeme Dinwoodie appointed Chair of the Law Board, has been appointed McKendrick will law firms. Ruth is a Council George P Smith Distinguished Registrar of the University of Oxford. carry out those member of the British & Irish Ewan, who had previously served the University as Association of Law Librarians Visiting Professor Pro-Vice-Chancellor for Education, took up the post responsibilities and a Board member of the on 1 January 2011. He succeeds Dr Julie Maxton, who with his International Association of Professor Graeme Dinwoodie has been appointed the has been appointed Executive Director of the Royal Law Libraries, and also writes 2011 George P Smith Distinguished Visiting Professor Society. remarkable for professional journals and at the Maurer School of Law, Indiana University- Professor McKendrick holds law degrees from expertise and blogs. Bloomington in the United States. Graeme spent two the University of Edinburgh and the University of weeks in residence in Bloomington in early April, Oxford. He has been Lecturer in Law at Lancashire with a sensitive during which time he delivered the George P Smith Polytechnic (now the University of Central understanding of Distinguished Visiting Chair Lecture on “Global Marks Lancashire), the University of Essex, the London the purposes of a Professor John Cartwright, in Local Markets: Territoriality in EU and US Trademark School of Economics and Political Science (LSE) who holds a Visiting Law”. and the University of Oxford. He was Professor of University. We are Professorship in the University The lecture developed a distinction that Graeme English Law at University College London from 1995 extremely fortunate of Leiden, has won a has previously made between trademark law’s to 2000, when he returned to Oxford to take up teaching award in the Leiden intrinsic territoriality and its political territoriality. He the Herbert Smith Chair of English Private Law. He to have one of the Law Faculty for the “beste suggested that recognition of this distinction would served as Chair of the Board of the Law Faculty from country’s leading werkgroepdocent 2009–2010” help reconcile the conflicting pressures created by 2004 to 2006 and was Oxford’s Pro-Vice-Chancellor lawyers serving – i.e., the best seminar teacher trans-border trade and local cultures and institutions, for Research from 2006 to 2008, and Pro-Vice- last year. and he highlighted developments in both EU and Chancellor for Education from 2008 to 2010. Oxford in this role.’ US trademark law that appeared to recognize the distinction and offer a way of reconfiguring the territoriality of trademark law. The Smith Visiting Chair Professor Vaughan Lowe was inaugurated in 1999 by Justice Michael Kirby of Sir Frank Berman QC Alan Bogg awarded opposed to rights-based individualism was inducted into the Most the High Court of Australia, and other British holders and State neutrality, Alan demonstrates Distinguished Order of Paduka have included the late Sir David Williams, the former appointed to Permanent the Peter Birks Prize that New Labour’s experiment in union Seri Laila Jasa and received Vice-Chancellor and Rouse Ball Professor of English Court of Arbitration for Outstanding Legal recognition was an emphatic reassertion the title of Dato Seri Laila Jasa Law at Cambridge University. The full lecture can be of liberalism in the sphere of workers’ from HM the Sultan of Brunei viewed at www.law.ox.ac.uk/LN15din Scholarship 2010 collective rights, despite the party’s at a ceremony in Brunei on his The Faculty of Law’s Sir Frank Berman promise of civic community in the 'Third birthday, 15 July 2010. QC has been appointed by the British Dr Alan Bogg, Fellow and Tutor in Law Way' rhetoric. This is the first monograph Two Honours for Roger Hood  Government to be a Member of the of Hertford College, won the Peter Birks to offer a sustained critical analysis of legal Permanent Court of Arbitration (the Prize for Outstanding Legal Scholarship approaches to trade union recognition, Roger Hood received an Honorary LLD from PCA) in The Hague. 2010, for his book The Democratic and was published by Hart Publishing in Cristina Parau was awarded Edinburgh Napier University on 14 June 2011, and Established at the First Hague Aspects of Trade Union Recognition. September 2009 (see www.law.ox.ac.uk/ the Vincent Wright Memorial was presented with the Cesare Beccaria Medal of the Convention in 1899, the PCA now has The prize is awarded by the Society of LN15bogg for more information). Prize by West European International Society for Social Defence and Humane over one hundred member states, and Legal Scholars for outstanding books Politics for her 2009 article Criminal Policy, on 27 June, in Salamanca. provides services for the resolution of published by scholars in their early ‘Impaling Dracula: How EU disputes involving states, state entities, careers. Two prizes are available each Christopher Hodges Accession Empowered Civil intergovernmental organisations, and year, and Alan was presented with Society in Romania’. The Joshua Getzler appointed Bok private parties. The PCA is also a centre the first prize at the Society’s Annual appointed as Erasmus prize recognizes significant Visiting International Professor for scholarship and publication, and a Conference dinner. Professor at Rotterdam contributions to the study forum for legal discourse. To find out The Democratic Aspects of Trade Union of comparative European 2011–2012 at Philadelphia more about the PCA, refer to its website: Recognition examines the influence of politics. www.pca-cpa.org political theories on the changing legal Chris Hodges was appointed Erasmus Joshua Getzler has been invited to the University of Each Member State to the Hague relationships between trade unions, Professor of the Fundamentals of Pennsylvania Law School in Philadelphia, to serve Convention can nominate up to four employers, and the State. Alan maps Private Law at Erasmus University, as a Bok Visiting International Professor during the 'Members of the Court' who form a panel out the development of UK political Rotterdam as of January 2011, Professor Stefan Vogenauer 2011–2012 academic year. He will teach a course to of potential arbitrators, and serve for ideology and the resultant change in remaining Head of the CMS Research has been appointed as upper-year students and will lecture in the faculty, an initial term of six years. Along with attitude of the Labour Party to British Programme in Oxford. Professor Extraordinary in the while pursuing his research into nineteenth-century other UK Members of the Court, Frank Labour law, moving from a pre-Thatcher Chris was also recently invited by Department of Private Law at trusts and property law in England and America. will be part of the UK 'national group' preference for pluralism and 'collective the European Commission to act as the the University of Stellenbosch, Joshua has also been awarded a grant from the John that is entitled to nominate candidates laissez-faire', to the 'Third Way' model of rapporteur at a session on Alternative for three years from January Fell Fund of the University of Oxford to pursue his legal for election to the International Court of collective Labour law, combining legal Dispute Resolution at the European 2011. historical research in 2011–2012. On the English side, Justice, and for the Nobel Peace Prize. support with control through increased Consumer Summit on 11 and 12 April. The he will be examining manuscript sources from the Civil industrial regulation. Alan uses political European Consumer Summit is an annual War period through to Lord Hardwicke and Lord Eldon, philosophy to elucidate the character event run by the European Commission, looking at transitions in the nature of property and of these historical approaches and the organized close to World Consumer law in the early modern period. On the American side, nature of the 'Third Way' in relation to Rights Day (15 March). The Alternative he will be examining the rise of treatise traditions and statutory union recognition. Defending Dispute Resolution session examined the changes to property and trust law and to the dual a civic republican philosophy, which ways of improving ADR, and was one of six law-equity system wrought by the transfer of feudal values democratic participation, as workshops offered at the summit. institutions and doctrines into a new republican setting. 36Summer 2011 Issue Fifteen 3737 Oxfordstudent news Law News Oxford Lawstudent News news Oxford’s Bar Oxford’s first clinical legal Oxford Pro Bono Publico

Society programme Oxford Pro Bono Publico (OPBP) has OPBP is currently finalizing a The recently launched OPBP had a busy year, involved in several comparative legal analysis of the Internship Programme provides Oxford University at last has its own n 2009, the Oxford Legal Assistance Overall OLA has been exactly what the research projects and setting up a new manner in which constitutional financial assistance to graduate Bar Society. The path to a career at the (OLA) programme was launched – students, the Faculty, and its partners had Internship Programme. democracies within the Council of students seeking non-paid or poorly- Bar is arduous and competitive. This Ithe first pro bono project at Oxford hoped for, and has proved that Oxford’s In 2010-2011, OPBP completed two Europe reconcile the relationships of paid internships at public interest does not, however, mean that it is an that involves both undergraduate and law students have a place in pro bono India-related research projects. The their superior courts with the European organisations. The programme, which unobtainable career choice. postgraduate student volunteers in work and are fully capable of using their first consisted of recommendations Court of Human Rights. has been generously supported by Mr Each year there is a substantial practical legal work that benefits local theoretical skills to bring a substantial to a standing committee of the Indian Over the summer, OPBP will be working Kofi Adjepong-Boateng, the Magdalen number of law students who are deeply clients. At the end of its first year, the benefit to the local community. Parliament on the Protection of Women on two further projects. The first is a College Trust and the Law Faculty, has committed to a career at the Bar. The aim OLA programme was warmly endorsed against Sexual Harassment at Workplace background issues paper for the Joint given five graduate students Internship of the Oxford Bar Society is to help open by the Faculty’s Law Board, which gave Jack Bradley-Seddon and Victoria Usova Bill, 2010, which suggested changes to Committee for Human Rights on the use Awards for 2011: the doors to the Bar for those aspiring it the go-ahead for a further five years. Student co-chairs of OLA 2010–2011 the definition of sexual harassment and of secret evidence, while the second is barristers as well as promoting the The first year saw students attend the mechanism of remedies provided in a report on marketing and advertising profession and its notable practitioners weekly clinics at local law firm Turpin & the bill. The second was a comparative policies in the European Union in relation to all in the university. With a great range Miller LLP to help with some of their fixed- OPBP and OLA Social Event survey of pre-legislative and legislative to nutrition for the UN Special Rapporteur of career-centred events mixed with talks fee legal aid cases. During these clinics participatory processes in democratic on the Right to Food. and presentations by prolific members Oxford law students assisted the firm’s A strong turnout from enthusiastic jurisdictions for the National Campaign of the Bar such as Cherie Booth QC, solicitors with their immigration cases by and committed student volunteers, for People’s Right to Information, with Clive Anderson, and Michael Mansfield, conducting preliminary interviews with and encouraging words from Timothy the aim of paving the way towards fair, the society’s first termcard is already clients and taking statements, to allow Endicott, the Dean of the Law Faculty, effective and transparent forms of public looking substantial. Events will also help solicitors to spend their time on aspects Hon Justice Kate O’Regan and participation in similar processes in India. promote the Bar in its progressive efforts that require legal expertise. The students Professor Sandra Fredman, marked More details about these projects and the to overcome gender and ethnic minority have contributed substantially in an area the Annual Social Event jointly held by complete versions of the project reports inequality and will provide advice on how of law which is seriously under-resourced Oxford Pro Bono Publico (OPBP) and are available at www.law.ox.ac.uk/ to fund the Bar. The society is still in its and have gained a great deal through the Oxford Legal Assistance (OLA) on 18 themes/opbp/projects.php James Peters: a two-month internship at infancy, but hopes to make a significant process as well. May 2011, at Exeter College. Reprieve, USA. impact in Oxford come Michaelmas Term In its second year, the programme saw Professor Timothy Endicott 2011 in promoting the profession and its a dramatic increase in interest both from congratulated OPBP and OLA for their Peter Morcos: two-to-three-month benefits to students from all disciplines. the wider community and from students work, noting that it contributed to internship at the AIRE Centre in London. For more information, please see www. themselves. The applicant rate doubled the growth of Oxford’s Law Faculty by oxfordbarsoc.com among students, from approximately 55 allowing it to engage both with different Mimi Zou: two-month internship at the in the first year to over 100 this year. As sections of society and different parts Netherlands School of Human Rights well as the increase in willing volunteers, of the world. Adding to this, Professor Research. OLA has taken significant steps forward Sandra Fredman spoke in particular in developing its programme. In the about the work of OLA and how it Chris McConnachie: two-month current year Turpin & Miller has allowed simultaneously enabled the Faculty to internship at the Legal Resources Centre in students to assist in the area of debt, as reach out to the local community and Grahamstown, South Africa. well as immigration, and to be involved gave students a valuable opportunity in project research and document to be involved in practical, client-based Guruparan Kumaravadivel: two- management, as well as working directly work. Thanking Turpin & Miller, the law month internship at the Centre for Policy with clients. firm that partners with OLA, she also Alternatives in Sri Lanka. keenly anticipated the next phase of New Citizens Advice the programme where students would More details about the recipients of accompany barristers to court. this year’s awards are available online Bureau project Justice Kate O’Regan’s words on at www.law.ox.ac.uk/themes/opbp/ the importance of pro bono work in internships2011 OLA is also proud to have recently public interest litigation also made an established a scheme with Oxford’s impact on the audience. While warmly Citizens Advice Bureau (CAB), in which acknowledging the utility of research such Oxford law students assist at weekly as that conducted by OPBP when she was CAB clinics in various areas of law. The a judge on South Africa’s Constitutional project started as a pilot scheme this year, Court, she reminded law students to involving ten students, who were trained remain alive and sensitive to context to become qualified 'gateway assessors', when engaging in comparative law work. which meant they were able to deal with Interested students also had the the wide range of problems that CAB opportunity to go through the most clients might need help with, either by recent project reports prepared by OPBP providing self-help information, making and volunteer for its upcoming project an appointment in the Bureau or referring on the Right to Food for the UN Special clients to a qualified solicitor or suitable Rapporteur. partner advice organisation. The feedback All in all, this celebratory evening of on this pilot project has been positive. great food, drink and music was the Next year the scheme is likely to focus on perfect way to thank all the dedicated the development of the Bureau’s social faculty members and students that drive policy and campaigning work. OPBP and OLA. Joe Jones, first President of the Oxford Bar Society

Top: OPBP Executive Committee with Justice Kate O'Regan Bottom: Justice Kate O'Regan speaking 38Summer 2011 Issue Fifteen 3939 Oxfordstudent news Law News Oxford Lawstudent News news UKCLE Student Essay Competition

Law Open Days at Oxford 2011 The Eldon

Almost 600 sixth-form students were Law Liz Williams wins Matthew McGhee welcomed to the Law Faculty over 2010 Competition highly commended three days, between 16 and 18 March, Scholarship to learn about studying law at Oxford. Oxford student Liz Williams was in 2011 Two invitations were issued to each 2011 joint winner of the UK Centre for Legal sixth-form provider in the UK, resulting Education’s Student Essay Competition This year’s UKCLE Student Essay in approximately 350 different 2010, sharing first place with Sitanta Competition invited entrants to institutions sending students along to The Faculty of Law is pleased Ni Mathghamhna, of Birkbeck College, consider whether the law degree was this year’s open days. to announce that the Eldon University of London. fit for purpose. Matthew McGhee, a The students were welcomed by Law Scholarship 2011 has been Liz, who at the time of winning was a second-year undergraduate studying Professor Timothy Endicott, Dean awarded to Alistair Mills of finalist, studying Law with Law Studies at Magdalen College, was highly of the Faculty, and by second-year Trinity College. in Europe at Christ Church, answered the commended by the judges for his entry. undergraduate student representatives, The Eldon Law Scholarship is question “How might a legal education In his essay, Matthew looks at what who helped to organize and manage a two-year scholarship awarded enable students to contribute to the the purpose of a law degree might be, the open days. Jonathan Herring talked annually to members of the improvement of society?”. In her essay, considering the different approaches about the three-year undergraduate law University undertaking the “Learning to live”, Liz argues that taken by different universities in programme, and John Cartwright spoke Bar Vocational Course prior to although society needs advisors and delivering their law degrees, and about the four-year Law with Law Studies entering pupillage in preparation advocates, the greater need is actually for whether the training for legal practice in Europe programme, with other faculty for a career at the Bar. Established 'thoughtfulness' in developing and using that is provided by a law degree is key members delivering taster lectures, talking in 1829, the law scholarship paid the law. This thoughtfulness is necessary to its purpose. through the admissions process and tribute to the first Lord Eldon, for creating the social structures that will He concludes, ‘The purpose of the simulating an admissions interview. John Scot, who himself studied at protect the ideals of justice and dignity, law degree is not simply to manufacture The Faculty were delighted to welcome Oxford in 1766 and went on to the and for regulating the impact of individual lawyers. The proper purpose of a law associates from Clifford Chance, and Bar, before ultimately becoming and group behaviour. Liz concludes her degree is to allow its students to develop a barristers from Essex Court, 3 Verulam the Lord Chancellor. essay by stating that legal education has sophistication of thought.’ Buildings, and Pump Court Tax Chambers an important role to play in meeting the You can read Matthew’s essay on to talk about careers in law as part of the challenges of 21st century society, and that UKCLE’s competition pages at www.law. day. The sixth-form students were also her own contribution to society will be ox.ac.uk/LN15ukcle2011 taken to lunch at an Oxford college, giving Vinerian shaped by the qualities she has developed them a chance to talk to the student during her legal studies. volunteers and to see some of Oxford. You can read Liz’s winning essay on Since the open days have proved Prize UKCLE’s competition pages at www.law. so popular, and fill up so quickly, the ox.ac.uk/LN15ukcle, and view a film clip Faculty is in the process of creating a winner of Liz in our BA in Jurisprudence ebrochure virtual open day using film footage at www.law.ox.ac.uk/undergraduate from this year’s open days, which will 2009–2010 hopefully be released on the Faculty website in early 2012, so that more prospective undergraduates will be able The Vinerian Prize is awarded to access some of the information and to the BCL/MJur student who presentations that feature in the open has achieved the highest days. grades in their examinations The open days were made possible this each year. The 2009–2010 prize year by a generous donation from Clifford went to Frederick Wilmot- Chance. Smith (Balliol). The Vinerian Scholarship proxime accessit was received by Catherine Fleming (University).

40Summer 2011 Issue Fifteen 4141 Oxfordmooting Law News Oxford Law Newsmooting Oxford’s 2010 The Annual Jessup team 6th in International the world Intellectual Property Moot

The University of Oxford’s team The Annual International Intellectual had unprecedented success in the Property Moot Court competition, international rounds of the Philip C hosted by the Oxford Intellectual Jessup International Law Moot Court Property Law Centre (OIPRC), is a major Competition 2009–2010. The Jessup IP event both in the United Kingdom competition is a public international and beyond. law moot court competition in which The 2010 problem concerned issues of The Dean with members of the 2010 Oxford Jessup more than 500 universities participate copyright subsistence and infringement team (l-r): Kyle Le Croy, Valentin Jeutner, Moeiz Scenes from the 2010 Clifford Chance Moot Farhan and Ryan Goss (coach) world-wide. 127 teams from 76 relating to a cellist’s compositions and countries qualified for the 2009–2010 performances. A 'scurrilous' article in White & Case International Rounds, response provoked arguments before which were held in Washington, DC. their Lordships about the boundaries Having been ranked second in the UK of fair use and the composer’s moral Oxford v Cambridge Shearman and International Roman at the national rounds, the Oxford team rights. Lord Justice Mummery, Mr Justice Clifford Chance LLP Sterling Mooting Law Moot was one of three British representatives Floyd, and Mr Michael Hicks judged an at the international rounds, to consider exciting and well-attended grand final, Roman Law Moot 2010 Competitions, 2010 a problem that involved questions of in which Boston University triumphed in sovereignty and self-determination, and a close competition against Queensland The fourth annual Oxford v and 2011 questions related to the interpretation of University of Technology. Cambridge Clifford Chance LLP Roman bilateral investment treaties. The 2011 competition drew a record Law Moot 2010 took place on 16 June. The EIGhth annual Shearman and After the preliminary rounds in number of written submissions and, out The Regius Professors of Civil Law Sterling University of Oxford Mooting Washington, the Oxford team was ranked of these, 22 teams from Australia, Hong at Oxford and Cambridge (Professor Competition took place on 29 January 6th in the world, and went on to the octo- Kong, Singapore, India, France, Canada, Boudewijn Sirks and Professor David 2011, and concerned an investment final round before being knocked out in an the USA and the United Kingdom were Ibbetson, respectively) judged the moot opportunity that had been offered to extremely close moot against the National shortlisted to attend the moot in Oxford. and authorised themselves to declare a a senior employee and his company, Academy for Legal Studies and Research, The problem tackled a number of issues, draw for the first time in the competition’s which the employee had taken but the Hyderabad (India). The competition was including trade mark infringement, history, and awarded the Præmium Optimi company had refused, and the position ultimately won by the Australian National passing off, unfair competition and breach Oratoris (Best Oralist Prize) to Oxford’s Ervin concerning the employee’s subsequent University in Canberra. of confidential information. After a day Tan (St Hilda’s). The Oxford team, Michael profits. The Third International Roman Law Oxford’s team was made up of five and a half of intense competition, the Harper (Somerville), Natasha Hausdorff In the grand final, Pia Dutton (Keble) Moot Court Competition took place on second-year undergraduate law students: University of Hong Kong and London (Lincoln), Anish Patel (Somerville) and Ervin and Jonathan Worboys (St Edmund Hall) 25–28 March 2010 in Kavala, with eight Lauren Adams (Regents Park), Kyle Le School of Economics progressed to the Tan, was coached by Ben Spagnolo. argued the case for the company while university teams participating. Oxford Croy (Worcester), Moeiz Farhan (Oriel), grand final, which was judged by Lord In the 2011 Moot competition, Hollie Di Yu (Brasenose) and Richard Hoyle lost in the semi-finals, by a narrow Valentin Jeutner (Pembroke) and Di Yu Justice Jacob, Lord Justice Mummery and Higgins (Worcester), Anthony Kennedy (St (Brasenose) represented the employee. margin, to Vienna, but beat Tübingen (Brasenose). The team’s coaches, Ryan Mr Justice Floyd and won, narrowly, by the Edmund Hall), Kalika Sunger (Trinity) and Mr Justice David Steel, who came up from in the Small Final and finished in third Goss (Lincoln), Benjamin Spagnolo London School of Economics. Scott Tan (Queen’s), made up the Oxford London to judge the final on a day off from place overall. Prizes were distributed (Magdalen) and Travers McLeod (Balliol), The International Intellectual Property team, and, accompanied by their coach the Commercial Court, remarked on the at the Clifford Chance European paid tribute to the team’s dedication and Moot has become an annual pilgrimage Benjamin Spagnolo, attended the moot very high standard of the advocacy and Private Law Dinner, with Oxford’s Scott thanked all those who judged practice for the many friends and supporters in Cambridge. For the second consecutive the difficult decision to make concerning Coleman given the Third Best Oralist moots and assisted with the team’s of the OIPRC. A team of the UK’s most year, the judges found themselves unable the winning team, before awarding the Prize. Coached by Ben Spagnolo, the preparation over the last six months. experienced academics and practitioners to differentiate the teams’ scores and, moot to Di and Richard. The legal issue, Oxford team, comprising Scott Coleman The team’s accomplishment was the in the IP field judge the rounds leading applying the maxim aequitas est quasi however, was resolved in favour of the (Brasenose), Stephen Du (Trinity), Emily culmination of six months of hard work up to Saturday’s grand final, many of equalitas, awarded a draw. Hollie Higgins company: the employee had placed Hancox (Worcester) and Hannah Ilett by the students, and recognizes not only whom have participated in the Moot and her Cantabrigian counterpart, Joseph himself in a position of conflict and was (Jesus), performed admirably against their oral advocacy skills but also their since its inception. The growing roster of Steadman, were jointly awarded the Best required to hold his consequential profits the very strong opposition teams. ability to formulate sophisticated and competing teams from around the world Oralist Prize. on trust for the company. In the 2011 Moot, Oxford’s Michael thoroughly-researched written briefs. also attests to the global standing of the A light hearted problem involving Harper (Somerville), Mateusz Krauze In the 2010-2011 competition, which competition. The OIPRC is grateful not Western Australian marsupials and (HMC), Eva Leung (HMC) and Anish Patel addressed the legality of the use of only to the judges and coaches, but to Formula One racing was the subject (Somerville) performed impressively, unmanned drones and international Dr Stuart Baran as Moot Chair, to Lorna of vigorous argument at the 2010 securing a comprehensive victory over anti-corruption law, Oxford’s team Brazell, a partner at Bird & Bird LLP, who Competition, the Grand Final of which was Athens, the competition’s 2010 winners, (Charlotte Gilmartin (Worcester), Natasha led the short-listing panel, and to Stikeman held on 6 February in the UK’s Supreme and ensured that Oxford was placed Hausdorff (Lincoln), Jonathan Cockfield Elliot (2010), Linklaters (2010, 2011) and Court. Philip Ahlquist (Magdalen) and first in its group in the four preliminary (Oriel) and Ervin Tan (St Hilda’s)) won 8 New Square (2010, 2011), for making Simon Kerry (Merton), faced Hannah rounds. The Oxford and Cambridge three of their moots by a clear margin the Moot possible through generous Glover (Merton) and Laura Fraser (Merton), teams ranked equally on points in the and narrowly lost one. Unfortunately, the financial support. The next International in what was an extremely close grand final. Grand Final, so the tie had to be resolved four top-seeded teams were placed in the Intellectual Property Moot will be held on Lord Justice Rix kindly took time out from by resort to individual speaker scores, same section of the draw and each lost 16 and 17 March 2012. More information his duties at the Court of Appeal to judge which meant that Oxford was awarded one round, so none of them qualified for will be available on the Intellectual the final and produced a careful, witty and second place by a mere two marks out The IP Moot finalists from the University of Hong Kong (top) and LSE (bottom), and both teams with the semi-finals, or, therefore, a place at Property Moot website, www.oiprc.ox.ac. detailed decision, awarding the moot to of 200. Mateusz Krauze was awarded the judges (centre) the international rounds. Thanks must go uk/moot Philip Ahlquist and Simon Kerry. the Clifford Chance LLP Best Oralist to Caitlin Goss, Nick Friedman, and Jamie Award, and Michael Harper the prize Edelman, our Mooting Co-ordinator, who Top: A presentation at the 2010 competition for the Second Best Oralist, for their Bottom: Jamie Edelman (at left) with the coached the team. 2011 finalists and Mr Justice David Steel exceptional performances throughout the (third from right). competition. 42Summer 2011 Issue Fifteen 4343 Oxfordmooting Law News Oxford Law Newsmooting The Faculty’s mooting programme Oxford wins OUP and Oxford Oxford wins receives a University Teaching BPP Crown French Law the Silver Excellence Award Daniel Khoo (University) and Moot 2011 Mace in ESU- Joshua Folkard (University) won the In week seven of Trinity Term each year, 2010 OUP and BPP National Mooting The fourth Oxford Essex Court the St Cross Building is busy with first-year Competition in July, having beaten French Law Moot 2011, students presenting submissions in more off the Universities of Birmingham sponsored by French Chambers than 60 moot courts, as part of the Law and Chester and Sheffield Hallam law firm Gide Loyrette Faculty’s Legal Research and Mooting Skills University. Nouel, was held in National Programme. More than 60 teams from across the Oxford on 14 March, Mooting The mooting programme became compulsory United Kingdom now compete in the and had its largest Top: Daniel Khoo and Joshua for all law first-year students in 2010, requiring Folkard (back row, at right) at the OUP and BPP moot each year. Joshua turnout yet, with Competition them to learn how to research for a moot, 2010 OUP and BPP Moot and Daniel appeared as respondents sixteen teams from all prepare skeleton arguments and appear in in the first of a series of moots in the over Europe competing. Emily MacKenzie (Lincoln) the moot court to argue their case. Thanks four-way Grand Final, before His Honour Initially the moot had and Hannah Noyce to the efforts of Sandra Meredith in running Judge Gratwicke of the Chelmsford been established for (Wadham) represented the mooting project, with Jamie Edelman Crown Court. The problem for the moot Oxford students on the Oxford in the ESU-Essex as the Faculty Mooting Co-ordinator, the required teams to engage with the Law with Law Studies in Court Chambers National University awarded the Faculty an Oxford somewhat obscure tort of intentionally France course, before Mooting Competition and Teaching Excellence Award in October causing emotional harm (see Wilkinson it opened to other won, bringing Oxford the 2010, for the way in which mooting has v Downton [1897] 2 QB 57) and the UK universities. This coveted Silver Mace for the been developed and delivered as a new difficult conceptual issues involved in year, for the first time, first time in the history of compulsory part of the law degree at the award of damages in tort for the loss competitors from outside this prestigious mooting Oxford. The programme has also benefited of opportunity following Greg v Scott the UK participated, contest. The moot is the greatly from the assistance of Kate Jackson, [2005]2 AC 176. including Cologne, largest and oldest of its the Bodleian Law Library’s Legal Research Joshua and Daniel were chosen Florence and Madrid. kind in the UK, having been Librarian, and the annually appointed to represent the University in this Top left:Robert Bellin (Balliol) addressing the Court at the 2010 Grand Final The moot’s success and founded in 1972 as the Graduate Mooting Officer, and is supported competition on the basis of their Top right: Greig Lamont (l) and Robert Bellin (r) (Balliol) receive the 2010 trophy growth is thanks to M Observer Moot. from Mr Mark Cunningham QC financially by Freshfields Bruckhaus Deringer outstanding record of academic Bottom: 2011 winners Imran Tehal & Andrew Foo (St John's College) Eric Descheemaeker, In the Grand Final, Emily and LLP. performance and mooting skills. Joshua the moot’s convenor, Hannah appeared against BPP was a Finalist in the Freshers’ Mooting who was delighted to Law School in the President’s Programme and a member of the Maitland Inter-Collegiate have such extensive Court at the Royal Courts of victorious Oxford team in the Oxford v participation this year. Justice in London, before Cambridge Clifford Chance LLP Roman The moot concerned a bench consisting of Hon Law Moot Court Competition in 2009. Moot 2010 the issue of an Justice Garry Downes AM of Daniel represented the University in The Grand Final of the 2010 Maitland Chambers and individual’s right to the Federal Court of Australia the 2009 International Roman Law University of Oxford Undergraduate Inter-Collegiate a private life and a and Mr David Mildon QC and Moot Court Competition held in Kavala (Cuppers) Mooting Competition was held on 18 August in newspaper’s freedom of Mr Tim Eicke, both of Essex and Philippi, and was also a judge and Magdalen College. expression, a problem Court Chambers. The problem, co-author of the problem for this year’s The moot was presided over by the Honourable Mr Justice that involved both French framed as an appeal and cross- instalment of that contest. Sales (Chancery Division, High Court), and members of Maitland and European law. The appeal to the House of Lords, Chambers, and was attended by a large audience of students. The judges were impressed involved issues of dishonest two finalist teams, from St John’s College (Imran Tehal & Andrew by the students’ level assistance in a breach of Foo) and St Hugh’s College (Victor Greenstreet & Senthilkumaran of legal analysis and fiduciary duty and liability Sabapathy), presented submissions on a case about the award of depth of research, and to an account of profits. The Participants at the gains-based damages for breach of contract, an issue with which after beating off King’s judges were unanimous in Monroe E Price Moots, 2009 (at right) and Monroe E Price Justice Sales was very familiar, following his decision in Vercoe v College London in the awarding the moot to Oxford. 2011 (below) Rutland – a case both sides sought to rely on to their advantage. final, declared Oxford’s The team’s achievement is all International Media Law The team from St John’s College was ultimately declared Conor McLaughlin (Balliol the more noteworthy because Moot 2011 Cuppers Mooting Champion for 2010. The moots could not have College) and Rosanna Emily and Hannah sat their final succeeded without the support of Maitland Chambers, members Thompson (St Hilda’s) to exams only days before written The fourth Monroe E Price of the Law Faculty, and the many postgraduate law students who be this year’s winners. submissions were due. The pair International Media Law Moot Court regularly volunteered to judge. were selected to represent the Competition was held in Oxford from University in the moot because 30 March to 2 April. they were the winners of the Organized by the Programme in internal Shearman & Sterling Comparative Media Law and Policy at the LLP University of Oxford Centre for Socio-Legal Studies, the moot Mooting Competition in 2009. started with a preliminary round in India Hannah was also a participant in December. Twenty-eight teams came in the inaugural Oxford French to Oxford from twenty countries for the Law Moot in 2008. finals, and the competition was ultimately won by The University of Belgrade, Serbia, who beat the Cardozo School of Law, US. Over fifty leading judges, lawyers and academics came to Oxford to judge the rounds making it a leading event in the media law field. This year’s moot was generously supported by Shell Hannah Noyce (Wadham) International BV, Google India and AZB and Emily MacKenzie (Lincoln) holding the and Partners, Delhi. Silver Mace outside Essex Court Chambers 44Summer 2011 Issue Fifteen 4545 Oxfordpublications Law News Oxford Lawpub Newslications Kerry Baker, Gill Kelly and On 3 February 2011, the Centre for Criminology Bernadette Wilkinson, Book Launch held a book launch for Mary Bosworth and Assessment in Youth Justice (The Carolyn Hoyle Eds., What is Criminology? (OUP, Policy Press, 2011) of What is 2011), in the Old Library at All Souls College. The book critically assesses the state, future and purpose of criminology in 36 chapters written by Criminology? leading international criminologists, including other members of the Law Faculty at Oxford (Professor Andrew Ashworth, Professor Lucia Zedner and Professor Ian Loader). This was the first occasion where criminologists had come Andrew Burrows, The Law of Timothy Endicott, Guy Goodwin-Gill, The Limits together to debate the nature of the discipline, Restitution (3rd ed, OUP, 2011) Administrative Law (2nd ed, of Transnational Law: Refugee and the book has already received considerable OUP, 2011) Law, Policy Harmonization attention from within the field. Guest speakers David Erdos, Delegating Rights and Judicial Dialogue in the Dr Richard Jones (University of Edinburgh) and Protection ( OUP, 2010 ) European Union (CUP, 2010) Professor Nicola Lacey (All Souls) presented the Rita de la Feria and Stefan book to a packed audience of students, academics Nicholas Barber, The Vogenauer (eds.), Prohibition and criminal justice professionals. Constitutional State (OUP, 2010) of Abuse of Law: A New General Hugh Beale, Bénédicte Principle of EU Law? (Hart Fauvarque-Cosson, Jacobien Publishing, 2011) Rutgers and Stefan [See item opposite about Vogenauer, Ius Commune the publication as an Oxford Casebooks on the Common collaborative project] Law of Europe: Cases, Materials and Text on Contract Law (Hart A Casebook on Contract (3rd ed, Publishing 2010) Hart, 2011) John Cartwright, Stefan Vogenauer and Simon Jennifer Payne and Louise Whittaker (eds.), Regards Gullifer, Corporate Finance comparatistes sur l’avant- Law: Principles and Policy (Hart projet de réforme du droit des Publishing, 2011) obligations et de la prescription [see item about book launch (Société de législation opposite] compare, 2010) Jonathan Herring, Criminal Mindy Chen-Wishart, Contract Law (7th ed, Palgrave and Reciprocity: The Hochelaga Macmillan, 2011) Annual Lectures of the Hong Sandra Fredman, Family Law (5th ed, Longman, Kong University Law Faculty Discrimination Law (2nd ed, 2011) Ulf Bernitz and Wolf-Georg (Hochelaga, 2011) Clarendon Law Series, 2011) Medical Law and Ethics (3rd ed, Ringe (eds.), Company Law and Contract Law (3rd ed, OUP, Christine Greenhalgh and OUP, 2010) Economic Protectionism (OUP 2010) Mark Rogers, Innovation, Family Law: Law Express (3rd ed, 2010) Paul Craig and Grainne de Intellectual Property and Pearson, 2010) New Oxford Book Launch of Corporate Mary Bosworth and Carolyn Burca (eds.), The Evolution of EU Economic Growth (Princeton Criminal Law (4th ed, Oxford Hoyle, What is Criminology? Law (2nd ed, OUP, 2011) University Press, 2010) University Press, 2010) Collaborative Publication Finance Law (OUP, 2011) Paul Craig, The Lisbon Treaty, Roy Goode, and George Affaki, How to argue (Pearson, 2010) [See item opposite about the Law Politics and Treaty Reform Guide to ICC Uniform Rules for Medical Law: Questions and on the Abuse of Law book launch] (OUP, 2010). This title was given Demand Guarantees: URDG Answers (Routledge, 2011) Jack Beatson, Andrew an honourable mention in the 758 (International Chamber of Chris Hodges, Stefan Rita de la Feria and Stefan Vogenauer (eds.), Louise Gullifer and compare the two. The topics Burrows and John Cartwright awards of the European Union Commerce, 2011) Vogenauer and Magdelena Prohibition of Abuse of Law: A New General Jennifer Payne celebrated covered include: an overview (eds.), Anson on Contract (29th Studies Association. Tulibacka (eds.), The Costs and Principle of EU Law? (Hart Publishing, 2011). the publication of their new of financing options available ed, OUP, 2010) Alan Dashwood, Michael Funding of Civil Litigation: A This book is the fruit of a high-powered joint book, Corporate Finance to companies, the relationship Dougan, Barry Rodger, Comparative Perspective (Hart symposium of the Oxford Centre for Business Law: Principles and Policy between equity and debt, Eleanor Spaventa, and Derrick Publishing, 2010) Taxation, at the Saïd Business School, and the (Hart Publishing, 2011) at legal capital, contractual Wyatt, Wyatt and Dashwood’s Carolyn Hoyle and Chris Oxford Institute of European and Comparative a launch organised by Hart protection for creditors, European Union Law (6th ed, Cunneen, Debating Restorative Law, at the Faculty of Law. Its 36 contributions Publishing on 16 March. proprietary protection for Hart Publishing, 2011) Justice (Hart Publishing, 2010) from leading academics and practitioners trace Professor Paul Davies creditors, single and multiple Graeme Dinwoodie and Mark Ian Loader and Richard Sparks, the case law of the European Court of Justice introduced the book and lenders, transferred debt, Janis, Trademarks and Unfair Public Criminology? (Routledge, on the so-called ‘prohibition of abuse of law’ in short presentations were public offers of shares, the Competition: Law and Policy 2010) many different areas of EU law from the 1970s given by Louise Gullifer, ongoing regulation of the (3rd ed, Aspen Law Publishing, Ian Loader, Susanne Karstedt, to the present day. Jennifer Payne, Professor capital market, the regulation 2010) and Heather Strang (eds.), John Armour and Professor of debt, takeovers, schemes Graeme Dinwoodie and Mark Emotions, Crime and Justice Sir Roy Goode. of arrangement and private Janis, Trade Dress and Design (Hart Publications, 2010) This book provides a equity. Each chapter analyses Law (Aspen Law Publishing, Roy Goode, Principles of Julian Roberts and Andrew discussion of the most the issues so as to enable the Susan Bright (ed.), Modern 2010) Corporate Insolvency Law (4th Von Hirsch (eds.), Previous interesting theoretical and reader to understand the Studies in Property Law (Vol 6, Jane Donoghue, Anti-Social ed, Sweet & Maxwell, 2011); Convictions at Sentencing (Hart policy issues in corporate difficulties, risk and tensions Hart Publishing, 2011) Behaviour Orders: A Culture of the student edition will be Publications, 2010) finance law. It covers both inherent in this area of law, and Control? (Palgrave Macmillan, published at the end of August. Rebecca Williams, Unjust the equity and debt sides of the various attempts made to 2010) Enrichment and Public Law: A corporate finance law and deal with these issues. Comparative Study of England, seeks, where possible, to France and the EU (Hart Publishing, 2010) 46Summer 2011 Issue Fifteen 4747 Oxfordcollege news Law News Oxford Lawcoll Newsege news The Clarendon Jesus College Lord Macdonald Baroness Helena Teaching Fund Fellowships in Law selected as Kennedy QC

The Faculty of Law shares a crucial Jesus College is delighted to name next Warden of elected Principal common interest with all colleges one of the two Fellowships in Law as the offering law. College Law Fellows are at Sir David Lewis Fellowship in Law, after Wadham College of Mansfield the centre of the Faculty’s strategy for a generous donation from Sir David teaching in the University. Lewis DL to endow the post. Sir David The Fellows of Wadham College College With support from Oxford University studied Jurisprudence at Jesus between recently announced their intention Press (hence the name ‘Clarendon’), the 1966 and 1969 and is an Honorary to elect Lord Macdonald, one of In July 2010, Mansfield College University has created a Teaching Fund, Fellow of Jesus College. the country’s top criminal lawyers announced the election of Baroness to match fundraising by Colleges for and a former Director of Public Helena Kennedy as the new head of the tutorial posts. Subject to approval by the Prosecutions, as their next Warden. College. Baroness Kennedy will take Teaching Fund Board, the University would The election, which is subject to her post as Principal of the College in provide matching funding of £800,000, formal ratification by the College, will Autumn 2011 following the retirement provided the College can raise by direct take effect from 1 September 2012, of Dr Diana Walford CBE. gift or pledge (over five years) the sum of following the retirement of Sir Neil Helena is a member of the House of £1,200,000 by September 2013. This will Chalmers. Lords, Chair of Justice, the British arm of create an endowed joint post at the College Ken Macdonald QC has had a the International Commission of Jurists, and in the University. distinguished career as a criminal a member of Doughty Street Chambers Every college has been considering lawyer. One of the founders of Matrix in London, and a bencher of Gray’s Inn. In which subjects to support through the Chambers, he was Director of Public her career as a barrister, Helena has acted Clarendon Teaching Fund. The colleges Prosecutions from 2003 to 2008, and in many prominent matters including seeking support for a post in Law are was knighted for services to the law the Brighton Bombing case, the Michael Exeter, Keble, St Anne’s, St Edmund’s Hall, in 2007. In July 2010, Ken Macdonald Bettany espionage trial, the Guildford Four St Hilda’s, St John’s, Somerville, Trinity and became a Liberal Democrat Peer and appeal, and the Bombing of the Israeli Harris Society Triennial Law Dinner University College. A gift to these colleges a member of the House of Lords, with embassy case. Keble College’s Harris Society Triennial dinner takes place this year on Saturday towards the Teaching Fund will benefit Law the title Lord Macdonald of River Glaven Helena was on the National Commission 24 September, so the next one is in 2014; accommodation is available in College. in the University, as well as in the College. QC. In January 2011, he became Chair of for Education in the early 1990s, and The Society is open to all Old Members who either read law or have subsequently And it will support the future of the legal Reprieve, the human rights charity, in chaired the Further Education Commission practised law. Please contact: [email protected] or call 01865 profession. succession to the late Lord Bingham of into Widening Participation. As a result of 282506. Our mutual need is pressing. We compete Cornhill. her work in this area, the sector created with law schools in England and abroad Sir David Lewis a trust in her name, the Helena Kennedy that have a less intensive, and therefore less Foundation, which provides bursaries to expensive teaching model. Tutorials these ‘My father, TPM Lewis (1922–1926), was help seriously disadvantaged students The Law Fund days may seem to be at risk in a volatile brought up on a poor tenant sheepfarm enter Higher Education. funding environment. In this context, it is in Carmarthenshire. He was only able at St John’s almost incredible that we are still providing to afford to come up to Jesus to read tutorials to undergraduates, and also to history because he had won a Meyricke Magdalen College dinner at Gray’s Inn Hall College graduate students in the BCL, MJur, and Exhibition. When I came up in 1966, I Wadham’s Hackney the new Master’s in Law and Finance. We was surprised and delighted that I had Over 160 Magdalen lawyers gathered for dinner at Gray’s Inn Hall on the the forthcoming retirement in are simply determined to sustain tutorial been offered a place to read law. I had evening of 6 July 2011 to help bolster the College’s Law Fellowship fundraising 2012 of Professor Mark Freedland, Fellowship in Law teaching. We will need your support. the benefit of a good grant from my local campaign. Speeches were delivered by The Attorney General (one of five a distinguished and long-serving authority in Wales and even increased it current Magdalen Cabinet Ministers), and The Hon Michael Beloff QC. Alumni Tutorial Fellow at St John's College, once by coming back early in the vacation travelled from Australia, Hong Kong and the US to attend the dinner, which was has been the impetus behind the to work in my last year. I was very fortunate the single largest gathering of Magdalen lawyers in living memory. college's recent move to create its Wadham College are delighted to to leave without any debt at all. Law Fund. The Fund will enable St report the success of their Hackney Daniel Slifkin ‘Most of us undergraduates worked (inset , l-r:) Hon Michael Beloff QC, Prof David Clary John's to establish a Fellowship in Fellowship in Law campaign. The reasonably hard and enjoyed ourselves on (President of Magdalen College), The Attorney Law to ensure continuous quality project to create a Fellowship in Scholarship at St the sports field and in the bar. It is only with General Dominic Grieve, Mr Jonathan Sumption QC, of teaching for our students and to recognition of Jeffrey Hackney’s maturity, however, that I have realised quite The Hon Justice Peter Gray (Australia) protect against the impact of some contribution to Wadham was initiated John’s College what an enormous privilege I was given by of the less desirable effects of the some years ago by Stephen Stow, the College and how the tutorial system overhaul of the higher education who was instrumentally assisted by changed my life and way of thinking. system in the UK. John McCall MacBain and his wife 'The need in the current economic In this initiative the College is Marcy. When Jeffrey retired in 2009 climate to enable students to come up seeking to work with the recently the fundraising began in earnest, and The Daniel Slifkin Scholarship was on merit alone whatever their financial established Oxford Teaching Fund, the £1.4 million fundraising campaign established by St John’s College in 2010 circumstances and to benefit from the which would offer the possibility of has now generated support from 140 as a result of a generous endowment tutorial system is paramount; our nation’s matched funding on a 60:40 basis. alumni. by Mr Daniel Slifkin, who took the BA in future skills base depends on it. This is why If you, or your firm, would like to When asked about the response to Jurisprudence and the Bachelor of Civil graduates like me who have been very make a contribution to the Law Fund, the campaign, Jeffrey commented ‘My Law at the College. fortunate in life have a duty to help the you may make a gift online: www.law. first reaction is one of great pleasure and The purpose of the scholarship is to College we love and to whom we owe so ox.ac.uk/LN15johns gratitude, not only for the gifts which enable a student to read for the degrees much.' For more information on the Law have flowed from quite the widest range of Bachelor of Civil Law or Magister The Sir David Lewis Fellowship is Fund or the OTF please contact of former Wadham students, but also Juris. Daniel is a partner in the litigation currently held by Peter Mirfield. Dr Jonathan Snicker, Fellow for to those who, though not presently department at Cravath, Swaine & Moore For further information, please contact Development at St John’s College in a position to give financially, have and is a member of the University of Philippa Roberts at Jesus College ([email protected]). encouraged us with their kind words.’ Oxford US Law Advisory Council. [email protected]

48Summer 2011 Issue Fifteen 4949 Oxfordarrivals… Law News Oxford Law arrNewsivals… Other New New faculty support staff Arrivals Alison Broadby Paul Yowell and In August 2010, Alison Broadby started as Hayley Hooper the Administrator for the Centre for Socio- were appointed Legal Studies. Alison has worked at the to the position University since 2007 having previously of faculty post- completed an MSc in Management at the doctoral fellow in University of Southampton. As Administrator, December 2010 to Alison is responsible for the non-academic work on the AHRC administration of the Centre including funded project financial and personnel management, “Parliament and research administration and general Human Rights”, operational management. with Murray Hunt (see page 52). Katie Orme Katie joined the Centre for Socio-Legal Studies Paul Yowell in June 2010 as the new Administration Officer. Dan Awrey Alexandra Braun Sarah Green Irini Papanicolopulu She completed a BA in Film and Literature at Paul is a Lecturer the University of Essex before joining Oxford Daniel Awrey was appointed as a Alexandra Braun started in her position of The Faculty welcomed Sarah Green as Irini Papanicolopulu started at the Faculty in Law at New as an Administration Assistant at Begbroke University Lecturer in Law and Finance Fellow and Tutor in Law at Lady Margaret a Fellow in Law at St Hilda’s College, in July 2010 as a Marie Curie Fellow, College, where Science Park, a position she held for two and and Fellow of Linacre College in April Hall in September 2010. Prior to that she from September 2010. Sarah graduated working with Vaughan Lowe on a research he teaches a half years. As Administration Officer for 2010. Dan holds degrees from Queen’s was a Supernumerary Teaching Fellow from Balliol with a first class degree in project called “Humans at Sea”. The Constitutional, CSLS, Katie maintains the day-to-day running University (BA, LLB) and the University of and a Junior Research Fellow in Law at Jurisprudence before going on to gain an project integrates the human element Administrative, of the Centre and assists Alison, the Centre Toronto (LLM) and is currently completing St John’s College. She received her BA MSc degree from the Saïd Business School into the law of the sea aiming to highlight and EU Law. He Administrator. a law DPhil at Oxford. Before entering and LLM degree from the University of the following year. She then worked for legal gaps in law of the sea instruments completed his academia, Dan served as legal counsel Genoa and holds a PhD in Comparative Accenture as an IT and Management relating to the treatment of individuals DPhil in Law at to a global asset management firm and, Private Law from the University of Trento. Consultant in London and Dublin before and groups of people who are at sea University College Anne Currie prior to that, as an associate practising Since 2009, she is also a Visiting Associate returning to academic life, and working at (either voluntarily or not), to explore in 2010, and Anne Currie joined the Faculty as corporate finance and securities law with Professor at the IUC of Turin where she the University of Birmingham for a number mechanisms for adapting the existing before then the administrative assistant to the Law and a major Canadian law firm. Dan’s teaching teaches a course on “Intergenerational of years. instruments to a more human-oriented MPhil and BCL Finance group in June 2010. Anne is a and research interests include financial Transfer of Wealth”. Her teaching interests Sarah’s research currently focuses on approach, and to consider how law of in European and graduate of Queens’ College, Cambridge and regulation and the micro-economics of include Comparative Private Law and the interface between tort and property, the sea rules could be used to provide Comparative Law spent nine years as a corporate solicitor in the corporate transactions. Dan teaches MSc in Legal History as well as some core areas of with a particular emphasis on the actions stronger protection for individuals at sea. at Balliol College. City. Anne organises Law and Finance events Law and Finance students, in particular on private law such as Trusts Law, Succession dealing with wrongful interference with Irini is on leave from her position as a He researches and and is also careers advisor to the Master’s in the new interdisciplinary course, the Law Law and Contract Law. Currently, she is assets, and on the law’s treatment of Senior Researcher in International Law publishes in public Law and Finance students. and Economics of Corporate Transactions. teaching courses in A Roman Introduction intangibles. She has also worked on the at the University of Milan-Bicocca, where law, constitutional to Private Law, Trusts Law and Land Law tort of negligence and, more specifically, she has been teaching international law theory, and to first- and second-year undergraduates. the causal element of the negligence of natural resources, international law philosophy of law. Christopher Boulle Her main research interests lie in the field inquiry and her work in this area has of armed conflicts and international law Christopher Boulle joined the Faculty in of Comparative Law, European Private been cited by both the High Court and cases. She holds a degree in Law from Hayley Hooper October 2010 as Administrator of the LNAT Law and Legal History, as well as areas the House of Lords. Sarah has recently the same university and a Doctorate in (National Admissions Test for Law), when the of private law such as Contract Law, published The Tort of Conversion (Hart International Law from the University Hayley studied LNAT Consortium Ltd moved its administrative Succession Law and the Law of Trusts. Publishing, 2009) with John Randall QC, of Milan. Her research interests include at the University office from Bristol to Oxford. He is responsible the first major work on the subject in public international law, the law of the of Glasgow (LLB) for promoting the LNAT, and especially English law. She has published various sea, environmental law and international before joining for widening participation by identifying Angus Johnston articles on aspects of tort and sale humanitarian law. She has published Balliol College candidates who might not otherwise have of goods in a wide range of journals, a volume on maritime delimitation (in for the degrees been admitted to a law course. Chris speaks Angus Johnston is a Fellow in Law at including the Conveyancer and Property Italian) and several articles, book chapters of BCL and MPhil. fluent French, Dutch and German (as well as University College, where he arrived in Lawyer, Journal of Business Law, Law and conference papers, and has acted While at Balliol, passable Spanish and Italian), and also teaches September 2010. He read for Oxford’s BA Quarterly Review, Lloyds Maritime and as legal expert for the Italian Ministry Hayley held an English to professionals. in Jurisprudence (Law with Law Studies Commercial Law Quarterly, Medical Law of Foreign Affairs, the Italian Ministry of AHRC studentship in Europe) and the BCL at Brasenose Review and Modern Law Review. the Environment and the Secretariat of and the Snell College and was elected to the Vinerian In terms of teaching, Sarah’s principal ACCOBAMS. studentship in Karen Eveleigh Scholarship in 1999. He then studied an interests lie in Torts, Property, Contract, consecutive years. In September 2010, Karen Eveleigh joined LLM in European Union Law, and was Domestic and International Sale of Goods Hayley’s scholarly the Faculty Office as the Research Facilitator. also Lecturer at the Institute for Anglo- and Advanced Obligations, reflecting her interests include Karen has a degree in Chemical Engineering American Law at the University of Leiden research interests in the fields of private constitutional and and an MBA, and has worked at Oxford in the Netherlands from 1997–1998. law and commercial law. administrative law, University for ten years, in administrative roles He was a Fellow and Director of Studies with a particular in departments across the Medical Sciences in Law at Trinity Hall, Cambridge from focus on human and Social Sciences Divisions. The post of 1999, University Lecturer from 2004, rights law and Research Facilitator is new, and supports and then Senior Lecturer at Cambridge national security Faculty members in securing external University from 2008 until his appointment law. research funding, including raising awareness to Oxford. He has been a visitor to Harvard of funding opportunities and helping Law School and the Max Planck Institute with applications. Karen also administers for Comparative and International Private the Faculty’s Research Support Fund, will Law in Hamburg; he is also an affiliated support preparation of the 2014 Research lecturer at Cambridge University and at Excellence Framework (REF) assessment, and the Jacobs University, Bremen. is investigating funding opportunities from Trusts and Foundations with Maureen O’Neill. 50Summer 2011 Issue Fifteen 5151 Oxfordarrivals… Law News Oxford Lawdepartures News… And congratulations to… Jeremy Horder predecessor, Andrew Ashworth, who left the criminal law epitomised what the BCL is Visiting professors Visiting fellows Worcester to take up the same chair in 1988, all about, combining philosophical analysis and lecturers Dan Sarooshi and  before returning to Oxford as the Vinerian with detailed attention to the substance of Justice Robert Sharpe his wife Mary on Professor of English Law. the criminal law. the birth of their Jeremy had been on leave since 2005, Jeremy’s gifts as a tutor were matched Robert Sharpe is a judge of the Court of Ed Leahy second son, Leo when he was appointed as the Law by scholarly distinction of the highest Appeal for Ontario in Toronto and now a Maxwell Sarooshi, Commissioner heading up the criminal order. Jeremy wrote two monographs Visiting Professor at Oxford, teaching Civil Ed Leahy has lectured regularly at born on 5 July 2010. law and evidence team (the first academic while at Oxford, his first being a study Procedure on the BCL. After graduating with Oxford since 1998 and joined the lawyer to hold this position). While at the of the doctrine of provocation, which a BA from the University of Western Ontario Law Faculty in 2011 as a Visiting Dapo Akande Law Commission, Jeremy was responsible blended theoretical insights with a and an LLB from University of Toronto, he Lecturer. He has taught in the areas and his wife Busi,  among others for the Commission’s reports profound historical understanding of the studied for a DPhil in law at Oxford. Robert of securities law, cyberlaw, the law of and their children on Murder, Manslaughter and Infanticide development of provocation as a defence was then called to the Bar of Ontario and international telecommunications, Jonathan and Sarah, (2006) and Reforming Bribery (2009), in criminal cases, and his second, Excusing practised with MacKinnon McTaggart conflicts of laws and US litigation on the birth of which led to legislative reform of the law in, Crime, being a masterly examination of the (later McTaggart Potts) in the area of civil and international dispute resolution. Joanna Motunrayo respectively, the Coroners and Justice Act theoretical foundations of excuses. The title litigation. He taught at the Faculty of Law in Ed has been a partner in major New Akande on 13 After more than twenty years as Lecturer 2009 and the Bribery Act 2010. of Reader was conferred on Jeremy in 1999, the University of Toronto from 1976 to 1988 York and Washington law firms and December. and Tutorial Fellow in Law at Worcester As a tutor, Jeremy was effective and who then went on to become Professor of and served as Executive Legal Officer at the was the co-founder and Managing College, Jeremy Horder has left to take popular. His lectures on the criminal law Criminal Law. All those who encountered Supreme Court of Canada from 1988 to 1990. Partner of the investment bank, AEG Pavlos up the Edmund-Davies Chair in Criminal were well received by generations of Oxford Jeremy at Oxford, whether as colleagues or Robert was appointed Dean of the Faculty Capital LLC. He is a former law clerk Eleftheriadis and  Law at King’s College, London. In doing undergraduates, and his co-taught BCL as students, will have been enriched by the of Law, University of Toronto in 1990 and to Justice William J. Brennan of the Rachel, and their so, Jeremy follows in the footsteps of his classes on the philosophical foundations of experience. served in that capacity until his appointment United States Supreme Court. From children Leonidas as member of the Ontario Court of Justice 1996–1998, he was the Distinguished and Iris, on the birth Christopher McCrudden Buying Social Justice (OUP, 2007) is a wide- and to public life. He has served on several (now the Superior Court of Justice) in 1995. Scholar from Practice and Visiting of Pericles Donald ranging comparative study and breaks governmental committees, including He was elected a Fellow of the Royal Society Professor at Boston College Law Ioannis Eleftheriadis new ground in the analysis of the use the Northern Ireland Standing Advisory of Canada in 1991, awarded the Ontario Bar School, where he received the Most on 26 April 2011. of public procurement to achieve social Commission on Human Rights and the Association Distinguished Service Award Outstanding Faculty Member Award. goals. Chris has also written extensively European Commission’s expert network in 2005, elected a Senior Fellow of Massey He is a former Sir Maurice Shock Aileen Kavanagh  on topics such as ‘mainstreaming’ on equality law. He is a member of several College in 2006, and received the Mundell Visiting Fellow at University College and her husband human rights in government policy, and editorial boards, including those of the Medal for Distinguished Contribution to Law (2003). His particular research Matthew Robinson affirmative action. But Chris is equally at Oxford Journal of Legal Studies, and the and Letters in 2008. interest is the future of the practice on the birth of Una home with more theoretical questions and well-known Law in Context book series. of law. Margaret Robinson, has made a substantial contribution to Chris will be remembered very fondly by on 17 December the debate about dignity as the basis for generations of students at all levels – from Murray Hunt 2010. human rights. nervous freshers tackling Constitutional Tom Scott Chris is at the cutting edge of the Law for the first time, to graduates Murray Hunt is a Visiting Professor at Oxford Tom Krebs and his  developing case-law on religious drawn to Oxford from all corners of the from January 2011, working on the AHRC Tom Scott is a Visiting Lecturer in wife Beatrice on Chris McCrudden is leaving the Law discrimination, both as an academic and globe just to attend his famous seminars funded research project on “Parliament and Law, giving taxation tutorials to MSc the birth of their Faculty at the end of this academic year as a practitioner. Since 2009, he has been in Comparative Human Rights. Those Human Rights”. He is currently Legal Advisor in Law and Finance students. He is first child, Victoria, to take up a chair at Queen’s University a member of Blackstone Chambers, and who survived these frankly terrifying to the UK Parliament’s Joint Committee on qualified as a Solicitor in England in December 2010. Belfast, his alma mater. Chris joined the appeared (with David Pannick QC and Ben experiences will never forget his ability Human Rights. Murray was a key founding and Wales and was formerly a Faculty and became a Fellow of Lincoln Jaffey) in R (E) v JFS, an important case on to take a half-formed thought from the member of Matrix Chambers, London and has Visiting Lecturer in Law at Lincoln Ben McFarlane and College in 1980, after completing his racial and religious discrimination and one dark recesses of the student brain, and specialised in human rights law and public College. Tom was a tax partner at Sarah on the birth DPhil in Oxford, and has had a long and of the first cases to be argued before the to hammer it, through questions and law. His 1997 book, Using Human Rights Law the international law firm Linklaters, of Iris Margaret distinguished career here. Supreme Court. His appearance in that discussion, into something interesting and in English Courts was widely acclaimed for where he worked for 23 years, McFarlane, on 28 Chris’s expertise is in the field of equality case (though perhaps not from the most worthwhile. its perceptive appreciation of the status of and subsequently at KPMG LLP. April 2011. and human rights. Much of Chris’s work flattering angle) has been preserved for We wish him every success in the future. human rights at common law, and accurately He is currently Chairman of the UK has a strong practical focus on how to posterity on YouTube. foretold the shift in legal reasoning which branch of the International Fiscal Aidan Robertson  achieve real-world compliance with the Chris has made a considerable Anne Davies came about as a result of the enactment of Association and a member of the and his wife law in these areas. His prize-winning book contribution to the wider academic world Simon Gardner the Human Rights Act. Tax Advisory Board at PLC magazine. Beverley on the He has written articles on tax for birth of their James Edelman Jeff King The Times, International Tax Review, daughter Alice on Carol Sanger PLC magazine and Accountancy, and 17 November 2010. From Fellow & Tutor in Law does, whether in research, Jeff King has been appointed University College London. contributed to books such as Tolley’s (albeit one with the fully in teaching, or in organising to a Senior Lecturership at Jeff has very swiftly become a Professor Carol Sanger is currently Barbara Tax Planning and Tolley’s Company Imogen Goold and  deserved title of Professor countless other activities; University College London, to highly respected and prolific Aronstein Black Professor of Law at Columbia Acquisitions Handbook. her husband Mark of the Law of Obligations) to most notably mooting which start in September 2011. contributor to English public Law School, having held that position since on the birth of the youngest ever appointee to has developed enormously Jeff served as a Research law scholarship, and a sought- 1995. She is a Visiting Professor at Oxford, Oliver in December the Supreme Court in Western in his brief time here. The Fellow at Keble, and has been after speaker. He has been teaching medical law and ethics, and family David Nelken 2010. Australia may strike some as a only downside of all of this a Fellow and Lecturer at Balliol a terrific part of the Balliol law. Carol completed her JD at the University big jump, but it will have come is that half an hour in Jamie’s and in the Law Faculty over law school, and he has also of Michigan before practising in commercial Professor David Nelken from the Katja Ziegler and as no surprise to many in the company leaves one exhausted the past three years, while taught Administrative Law and law in San Francisco, and then teaching at University of Macerata, has been Garry on the birth Faculty and it was certainly and doubting every one of also completing the DPhil Comparative Human Rights for the University of Oregon and at Santa Clara appointed Visiting Fellow for three of Ella (Eleanor no surprise to me, as Jamie the quite certain propositions in Oxford. We congratulate the Faculty. University Law School. She was a Visiting years at the Centre for Criminology Sophia Ziegler-Tan) Edelman’s colleague of six years’ you had understood to exist him on being appointed Scholar and then Visiting Professor at from September 2010. In this on 1 May 2011. standing at Keble College. in any branch of the law. It to a Senior Lecturership at Timothy Endicott Stanford Law School, and then at Columbia capacity he will be co-teaching the Perhaps the greatest tribute is an enormous pity that we  Law School, which she later joined as a Comparative Criminal Justice course Jamie Edelman  I can pay to Jamie is to say that have not been able to hold on member of the Faculty. Carol has also been a on the Centre’s MSc in Criminology and his wife Sarah the influence of his supervisor, to him for a little longer, but Fellow at Princeton and at St Anne’s College and Criminal Justice programmes. on the birth of their the late Peter Birks, is very we shall all relish the chance in Oxford. Her recent scholarship focuses on Previously David joined the Centre as second child, Jonah evident in his approach to to analyse his forthcoming the regulation of maternal conduct, abortion, a Visiting Fellow in Trinity Term 2010, Howard Percy life and the law. The same judgments. surrogacy and law’s relation to culture. during which time he ran a graduate Edelman, on 7 April apparently unbounded seminar on Comparative Criminal 2010. energy, enthusiasm and Edwin Peel  Justice. rigour is evident in all that he 52 Summer 2011 Issue Fifteen 5353 Oxforddepartures… Law News Oxford Law…and Newsfarewells Lord Bingham of Cornhill 13 October 1933–11 September 2010 Since the death of Lord Bingham of Cornhill on 11 September 2010, there have been many tributes to him, a leading judge in his generation. On 25 May 2011 Westminster Abbey was packed for a memorial service at which his son Kit and Lord Mackay of Clashfern gave tributes. There will be a memorial service in the University Church of St Mary the Virgin in Oxford at 2.30pm on Saturday 1 October 2011. The following note addresses his teaching in Oxford.

f it were possible to make a difficult cases. He asked what they thought, complete list of Tom Bingham’s and what they would have done, and Icontributions to Oxford, it would why. The result was a slightly scary, highly Martin Matthews Stefan Talmon Wanjiru Njoya feature in particular his speech to the distilled instance of what we hope for from Younger Society (the Balliol lawyers’ teaching in Oxford. We hope that students Martin was appointed to a Fellowship in Professor Stefan Talmon’s appointment Wanjiru Njoya has been appointed to association) at the splendid annual will face the predicament of having to University College in 1973. He arrived with to the prestigious Chair of Public a Lecturership at the London School of dinner in December 2009. Knowing defend their own points of view, in a a vast encyclopaedic knowledge of public International and European Law and the Economics, to start in September 2011. his audience, he spoke directly to the discussion with a teacher who can push law and of torts, which he was only too Directorship of the Institute of Public As a Teaching Fellow at St John’s from undergraduates in a way that meant them further. happy to share with his students. They International Law at the University of 2005 to 2007, and College and University just as much to the many senior lawyers What a teacher. As a judge, Tom belongs soon discovered that it was a bad idea Bonn is a cause for both celebration Fellow in Law at Wadham since 2007, and judges in the room. He did the in the company of Mansfield and Eldon, to turn up to a tutorial without having and sadness. Apart from being a richly Wanjiru has become an important part of historian’s work of recounting and Wilberforce and Denning – the great prepared a good proportion of the lengthy deserved recognition of his outstanding two different thriving groups in Oxford explaining great crises and adventures judges of England. I don’t know if any of reading list, although the tutorials were scholarship, it will strengthen the links – Labour Law and Company Law. She and disasters in the long annals of them could have taught as well as Tom focused on the core aspects and students between Oxford and one of Europe’s has made a valuable contribution to our lawyering in England. He did it with (although Lord Mansfield would have been came away confident of the detail and premier centres for international law. teaching in both fields in the FHS and the precise detail, and with appreciation good). Tom was able to do dramatic things the overall picture. Martin felt that his Sadly, the price is that Oxford will lose a BCL. LSE, like Oxford, is an exciting centre for great causes in which lawyers had as a judge. His leadership gave impetus to colleagues, Finnis and Zuckerman, were distinguished lawyer who has been at the for those subjects, and it is good that there triumphed or failed. But it was done as the creation of the new Supreme Court; insufficiently punctilious in organizing the heart of the international law team since will be a link between these two excellent the backdrop for the message, strongly he abolished the use of evidence gained undergraduate teaching, and for years 2003, when he returned to Oxford having law schools in the future. felt, which he wanted our students to from torture; he was the first to be Master kept a close eye on their performance in taken his doctorate here in 1995. The Mark Freedland adds, 'As, I believe, the hear: that there has never been a more of the Rolls, Lord Chief Justice, and Senior this regard. He similarly took an interest in care and concern that Stefan and his wife only member of the Faculty to have shared exciting time to work as a lawyer in this Law Lord. It is interesting to contrast the running of the College and served as Bettina have shown for his students have with Wanjiru both a college tutorial role country or anywhere in the world. his gifts for such feats with the gifts of Domestic Bursar from 1984 to 1986. been a great contribution to the vitality (at St John’s) and a faculty teaching role That excitement animated Tom’s that other creative judge, Lord Denning. Martin was an assiduous member and collegiality of the group of Oxford (graduate teaching and supervision in teaching in Oxford. The University made Denning did new things through a sort of of the Law Board, and was therefore international lawyers. the area of International and European him a Visiting Professor on his retirement juristic bravura; Bingham, by contrast, had fully prepared when he took over as Stefan’s exemplary scholarship, Employment Law), I feel especially well from the House of Lords, and he joined the a freedom to innovate because he was Chair of the Board in 1998, although he characterised by his meticulous collection placed to identify and celebrate the Faculty of Law – on the condition that we so patently careful. His work had balance. unfortunately had to give up after a few and analysis of improbably large outstanding contribution which she has would give him undergraduates to teach, Let me cite one example, from before he terms due to ill health. By 1999, Martin had amounts of primary materials, will be well made in both those capacities. LSE’s gain is and in numbers manageable enough that was a judge. His accomplishments on the served for over a decade as the University supported in Bonn, and we look forward to certainly Oxford’s loss, and I am sure that he could actually converse with them. bench – and his wonderful book The Rule of Representative on the Football Association further additions to his already formidable I speak for many in expressing the hope The result was a brilliant set of classes on Law (Penguin 2010) – were foreshadowed Council; a task he hugely enjoyed, not least output. Stefan and Bettina go with our that Wanjiru will continue to feel strongly human rights cases in the House of Lords in by this argument, as an already-famous on account of the access to the Directors’ very best wishes and sincere thanks for all associated with our endeavours in the Hilary Term of 2009 and 2010. There were barrister, in a 1976 case on the powers of Box at Wembley, a privilege which he that they have done in Oxford. Oxford Law Faculty.' professors and lecturers who slipped in a Labour minister of education to direct a generously shared with his colleagues. each time, but Tom’s purpose was to talk Conservative local education authority: But the benefit was not one-sided; the FA to our finalists about the decisions since “While the court should be astute to greatly profited from his mastery of detail 2000, in which he had led the judges in restrain a minister from acting in excess and from his legal skills in addressing some developing the law of the Human Rights of his powers – that is recognised as a serious problems. Other leavers Act. function of the rule of law – the converse During the same period Martin served The list of the cases is phenomenal. applies too: the minister should be free to as Senior Treasurer of OUAFC, where he The Faculty also wishes all the best to the Penny Lane, Administrator of the Centre To mention them is to outline the new exercise his executive authority within its promoted men’s and women’s football, following leavers: for Socio-Legal Studies, who left in July challenges that the English judges have field.“ (Secretary of State for Education and attracted sponsorship, arranged for 2010. faced in this century. The landmark Science Appellant v Tameside Metropolitan prestigious venues for the Varsity Match Eloise Scotford, Career Development decision that indefinite detention of Borough Council [1977] AC 1014, 1036) (notably Craven Cottage on the same day Fellow in Environmental Law, who left in Chris Leese, Development Officer, who terrorism suspects was contrary to the His own care and balance enabled Tom as the Boat Race, which he negotiated with September 2010. left in May 2010. European Convention on Human Rights; Bingham to be fearless in keeping ministers the owner, Mohammed Fayed, a non-trivial the first cases on anti-terrorism control within the field of their authority. From task). He was an effective member of the Barbara Lauriat, Career Development Ray Morris, Finance Officer, who left in orders; claims by advocacy groups that Balliol historians like Tom, we expect the University Sports Strategy Committee. Fellow in Intellectual Property Law, who May 2010. the Iraq war was unlawful and that Iraqi same combination of acuity and sensitivity His involvement in football was both left in December 2010. civilians had suffered violations of their that is to be hoped for from the senior national and local. As soon as he arrived in Sadie Slater, Faculty Accountant, who human rights; novel anti-discrimination judges. I cannot think of anyone who Oxford he became an active supporter of Lyn Hambridge, part-time secretary to leaves in September 2011. cases in which, for example, the House of has combined the two better than Tom Oxford United and was for a period a non- the Norton Rose Professor of Commercial Lords held that British immigration officers Bingham. executive director of the club. Law, who left in September 2010. at Prague Airport discriminated against the Roma on racial grounds; cases using the Timothy Endicott Adrian Zuckerman right to respect for private life to challenge Balliol College, Dean of the Faculty of Law evictions from council housing. Tom did not simply tell the students First published in the Balliol Annual about his reasons for decisions in these Record. Reprinted with permission. 54Summer 2011 Issue Fifteen 5555 Oxford…and farewells Law News Oxford Law…and Newsfarewells The first time I met The first time I met Alan Lord Rodger found Lord Rodger of Earlsferry Alan Rodger was at a I criticized the Court time to write, alongside A W Brian Simpson ‘conference for legal ‘of Appeal’s decision ‘his professional scholars held from 9 to 11 in Wilson v First County engagements, studies on 18 September 1944–26 June 2011 September 2001. He was Trust. He stopped me with a Roman law, adding to his 17 August 1931–10 scheduled to give a lecture twinkle in his eye and said: PhD thesis Owners and on judicial reasoning. It ‘I should tell you I am on the Neighbours in Roman January 2011 was the highlight of the appeal committee’. I began Law (1972) a series of conference. Despite the to apologize. Alan said, articles. Brian Simpson, long a member of the Oxford Law shock of the terrorism ‘No, go on’, saving me from He was much attached Faculty, died on 10 January at his home in Kent aged happening in the United embarrassment as we moved to Lenel’s palingenetic 79. Brian studied law as an undergraduate at the States at the same time, to new matters. method, which he had Queen’s College under Tony Honoré, achieving a top I would wager that many His sophisticated analysis learned through his first, and later went on to teach at Lincoln College could still remember Alan’s in that case shaped the teacher David Daube, from 1955–1973. paper. way the Human Rights himself a pupil of Lenel. Brian was a leading historian of the common law. His I learned a great deal Act operated in private Lord Rodger applied early work focused on the history of land, trusts and from him in the following law, but this was only one this with consummate contract law (and included some major discoveries in years. More often than example of how his scholarly skill, increasing the archives), and his historical writing was marked by not I would see Alan when reasoning in the courtroom our understanding of the an analytical lucidity drawn from his close relationship I attended (as a Fellow) shifted and deepened Digest. His work earned with HLA Hart and the Oxford jurisprudence school as the Roman law seminars lawyers’ perspectives. him great respect in the it emerged in the late 1950s. Brian himself made some that he led. He had an It was marvellous how international community of important contributions to jurisprudence, notably his encyclopaedic knowledge Justinian contributed to Romanists. He also taught essay ‘The Common Law and Legal Theory’, which of Roman law and could his reasoning in Fairchild Roman law in Oxford, argued the case for English law at least as a customary speak for two hours on v Glenhaven, and how he through seminars every set of norms generated by the community of lawyers. palingenesia without deployed Cicero and tales of year in the Delicts course. It Brian’s second burst of scholarship developed the a redundant word, or mafia violence to kick off his was on the palingenesis of original idea that the ‘leading cases’ of the common law repetition, or contradiction. speech in R v Davis. Alan’s D. 9.2, the title on the Lex deserved the fullest possible study in their historical He had an endearing monograph, Owners and Aquilia, a subject which context, going beyond the black-letter rules expressed humanity, treating every Neighbours in Roman Law sat caught his great interest on in the judges’ words. We now call this technique 'Doing question, however wrong on my desk as a model of how account of the sophisticated a Simpson'. His first foray was a study of R v Dudley footed, with respect. to do it when I was a graduate problems its subject, and Stephens with the baroque title Cannibalism and In 2007 I asked Alan to student. I heard him expound wrongful damages, poses. the Common Law: The Story of the Tragic Last Voyage We were grieved to learn of the death of Lord Rodger of Earlsferry, speak at a conference that I the Lex Aquilia in Oxford It was always a delight of the Mignonette and the Strange Legal Proceedings to Justice of the Supreme Court of the United Kingdom, on 26 June 2011. was convening in Australia. many years later; the insight to hear him explain the Which It Gave Rise. A flow of gem-like studies followed, At the end of his speech, he and precision of his learning palingenetic method marked by a sharp but kindly wit as well as an in-depth Alan Rodger was a DPhil student at New College, Oxford, a Junior returned to the theme on and the humility of his and apply it, carefully knowledge of the social and political history of the law. Research Fellow at Balliol, and a Fellow of New College from 1970 to which I had first heard him delivery awed us and inspired and precisely, to D. 9.2, Only Brian could have discovered that the plaintiff in speak. His remarks were in us. Alan gave a charming talk interwoven with humour Carlill v Carbolic Smoke Ball ended up dying of influenza 1972. More recently he had served as High Steward of the University, the context of commenting to my students once on and understatements, at age 96. His work on Rylands v Fletcher and other and as Visitor of Balliol, St Hugh’s, and Wolfson Colleges. He taught on the brilliant ability of accidents in legal history; he putting his audience into key cases in land and torts led him into a celebrated his close friend, Peter Birks, noted how it was the barest a tradition reaching back controversy over the proper use of economics in the Roman Law in recent years in Oxford, and served on the Faculty’s to change the way people of chances that secured to Lenel and beyond. He analysis of law with his old Chicago colleague Ronald external advisory council. The following are comments from four of his think. Alan said that Peter the transmission of the showed the transitions from Coase. He also took the Harvard historian Morton was impatient for change Digest to medieval Europe one subject to another and Horwitz to task for pressing the history of eighteenth colleagues in Oxford. but that the common through the survival of the submitted his latest findings and nineteenth century contract into anachronistic law matures slowly. He single Pavia manuscript. to his audience. He enjoyed categories driven by late twentieth century politics. remarked that for a judge Then turning to recent very much doing this Atiyah, Anson and Treitel were subjected to somewhat Lord Rodger was a friend to many within the Oxford Law Faculty. While his to rush the development history he told how Lord and meeting and talking more gentle treatment in his Oxford Journal of Legal abiding passion was Roman Law, there was no-one with a greater breadth and of the common law would Wilberforce was called away with the students, whom Studies article ‘Contract: The Twitching Corpse’. ‘depth of legal understanding than Alan. only spoil the vintage. Alan to a Privy Council committee he would invite afterwards Brian turned to public and international law in his Whatever the legal issue or problem that one was thinking about, Alan would have had a mind like a steel deciding obscure colonial to hold a seminar meeting later years, and ultimately to human rights law, which illuminating insights and, as one talked with him, one always had the feeling that he trap. But he thought more constitutional issues, and at the Supreme Court, and culminated in a 1,200-page book entitled Human had already thought about the issues that one was now confronting. I first met Alan about adjudication, and a different panel without to dinner. For all involved Rights and the End of Empire: Britain and the Genesis in the 1990s when I was a Law Commissioner and he was Lord Advocate in Scotland. its relation with academic him heard Junior Books in these meetings, his of the European Convention, a detailed history of the We shared the same scepticism about statutory codifications of private law. Later, I discourse, than any other v Veitchi, in which Alan generosity and his warm emergence of human rights law after the Second World had the privilege of working closely with him on the book of essays in memory of judge or academic I know. represented the appellants. human interest will War. His surprising thesis was that human rights were his great friend, Peter Birks. Peter was fond of saying that ‘the Lord Rodger’ was the As a judge he knew he Alan was convinced that he remain much cherished crafted by British lawyers during the retreat from empire cleverest lawyer he had ever encountered. He was also one of the most modest. When was constrained in a way would have won, and the memories and his teaching in order to govern the emerging post-colonial world, made Visitor of St Hugh’s College in 2003, Lord Rodger’s only request was that, when that his close friend, Peter Wilberforce theory of tort a continuing inspiration. and were not primarily conceived as a response to the attending dinners at college, he should be seated with the students and not on High Birks, was not. But he never in Anns v Merton would early Alan Rodger was a atrocities of the Second World War. Table. With his quiet voice and lilting Scottish accent, his laughter and his sense regretted that. It took me a have been refined into a great antecessor.’ Brian was the best company on earth. Much can be of fun, he was a wonderfully entertaining companion, who was more interested in decade to understand his scope-of-duty model and so learnt about his fascinating character as well as his other people, especially young people, than in himself. As a member of the Advisory insight. Vale, magister.’ survived the tests of time, Boudewijn Sirks scholarship in the festschrift made for him in 2000, Group helping me on the Restatement of the English Law of Restitution, his brilliance had that Privy Council case entitled Human Rights and Legal History. To be with and wisdom will be sorely missed. He had many plans for writing after retirement James Edelman not so intervened. I wonder Brian was a guarantee of uproarious laughter, bizarre from the Supreme Court in a few years’ time and it is the nation’s misfortune that if he was right on that. In storytelling and serious intellectual pleasure. His last that work, much of which he alone could have produced, is lost forever. For all the future leading cases, I will be message to me came after Ann Smart’s death, when he sadness, Alan’s intellect and integrity and inspiration shine through and, for those of asking, what might have been remembered the vivid personalities of 1950s Oxford us who were lucky enough to have known and worked with him, there is so much to had Lord Rodger sat?’ Law, almost as if saying goodbye. He was an inspiring be grateful for.’ and beloved figure. Farewell to a master. Joshua Getzler Andrew Burrows Joshua Getzler 56Summer 2011 Issue Fifteen 5757 Oxfordalumni events Law News Oxford Lawalumn Newsi events Oxford Law Alumni Reunion in Paris ith Paris as an ideal spring location, Oxford European Alumni WLaw Alumni and current Oxford Law students recently met as guests of Clifford Chance at Place Vendôme. The champagne reception Reception on 6 May 2011 began a weekend of activities in exclusive Paris venues, including La Sorbonne’s Grand Salon, Les Invalides, and the École Militaire, in Sydney to celebrate Oxford’s link with our European alumni. Professor John Cartwright, Professor of the Law of Contract in Oxford as well n a warm summer’s evening in as Professor of Anglo-American Private December, overlooking the Coat Law at the University of Leiden and OHanger Bridge and the Sydney professeur invité at the University of Paris II Opera House, Baker & McKenzie hosted (Panthéon-Assas), spoke to those gathered a reception for Oxford Law alumni. The on the European ties within Oxford Law reception was planned to coincide with and our interests in developing more the run up to the Torts in Commercial Law activities with and for our alumni. Conference, and allowed faculty, students and alumni to meet up over a drink and some appetisers. Dr Joshua Getzler gave an overview of Oxford today but also spoke of the strong heritage of Roman Law and Legal Philosophy in Oxford. He also gave an update on Oxford’s new Master’s in Law and Finance degree and answered questions from the group. Keep in touch

The Law Faculty regard all Oxford alumni who have either read law or have subsequently entered the legal profession as part of our community. We welcome you to take advantage of the networking opportunities, international alumni events, seminars, conferences, and overall outreach that are on offer. In a greater effort to keep in touch, the Law Faculty now produces the Law Bulletin, a short email news bulletin, at the end of each term, as well as the annual Oxford Law News magazine. Starting with this issue, we are publishing the Law News over the summer after the end of the academic year. Also available is a LinkedIn.com Oxford Law group, which currently has 375 members. To sign up please go to www.law.ox.ac.uk/LN15linkedin How would you like the Faculty to keep in touch with you? Contact Maureen O’Neill (maureen.oneill@ law.ox.ac.uk) with your suggestions, updates and details of other alumni who would like to receive our news. If you would like to have a reception in your area of the world, or were not included in the electronic outreach for this event but would like to be in the future, please contact Maureen O’Neill ([email protected]). 58Summer 2011 Issue Fifteen 5959 Oxfordscholarships Lawbenefact Newsors In the five years from 2006, scholarship funding Patrons available to graduate students in the Faculty has  Allen & Overy LLP  Barclays Bank PLC increased by 97%, thanks to our donors, and to  Frau Anneliese Brost increased investment by the University.  City Solicitors’ Educational Trust  Clifford Chance LLP 3 Verulam Buildings  Deutscher Akademischer Austauschdienst (DAAD) Luke Rostill (Wadham), BCL  Freshfields Bruckhaus Deringer LLP  Herbert Smith LLP  Hogan Lovells LLP  KPMG LLP  Sir David Lewis MA(Oxon), DL, Alderman Allan Myers  McGrigors LLP Frances Gordon (St Edmund Hall), BCL  Norton Rose LLP Michael Crawford (St Hugh’s), BCL  Slaughter and May  Daniel Slifkin  Travers Smith LLP

Senior Foundation Benefactors Essex Court Chambers Paul Fisher (St Catherine’s), BCL  Baker & McKenzie LLP  Sir Frank Berman KCMG, QC  Commonwealth Scholarship Fund  Foreign and Commonwealth Chevening Scholarship Programme Fountain Court  Allan Myers AO, QC Kristof Von Csefalay-Bartal (Merton), BCL  Shearman & Sterling LLP  Marcus and Marianne Wallenberg Foundation

Foundation Benefactors Freshfields  John Collis Georg Mueller-Guntrum (St Hilda’s), MJur  Linklaters LLP Jan Zglinski (Corpus Christi), MJur  Weil, Gotshal & Manges LLP GOLDs Frederick Wilmot-Smith (Balliol), MPhil  3 Verulam Buildings Andrew Dyson (Merton) MPhil  3–4 South Square Ana Aliverti (Corpus), DPhil (not pictured)  8 New Square Chambers  The Crescent Trust  Essex Court Chambers  Fountain Court Chambers Linklaters  Paul Hastings, Janofsky & Walker LLP Sarah Burningham (LMH), BCL  ince and Co  Stephen Leonard  Mayer Brown LLP  The David and Jayne Paterson Educational Trust  Pinsent Masons LLP Peter Birks  Pump Court Tax Chambers Aaron Rathmell (Exeter), MPhil  Sidley Austin LLP  UK Foundation for International Uniform Law Roy Goode Anne Carter (University), MPhil Funders of the Centre for Socio-Legal Studies  John Adams for the Foundation for Law, Justice and Society  Paul Dodyk UK Foundation for International  The European Justice Forum Uniform Law and CMS Cameron McKenna LLP Ciara Kennefick (DPhil)  Shell International BV

Winter Williams Jasdeep Ranhawa (Exeter), BCL Kumaravadivel Guruparan (Balliol), BCL

Oxford Law alumni who would like to Faculty of Law, University of Oxford, Editors: Design: be invited to future events or would like St Cross Road, Oxford, OX1 3UL, UK Kate Blanshard, Steve Allen to make a donation or further donation Timothy Endicott, or who have any suggestions for other [email protected] Maureen O’Neill, Printing: events should contact the Law Faculty’s T: 01865 281198 • F: 01865 271493 windrushgroup Director of Development, Ms Maureen © Oxford Law News Summer 2011 O’Neill, at: 60Summer 2011 Issue Fifteen