Oxford Law News Winter 2008/9  Issue Thirteen

Tony Honoré’s Letter from the Dean: jubilee Connecting On 9 May 2008 a symposium and dinner were held at All tHE OxFORD LAW SCHOOL grew as a project of thirty colleges and the University. to souls College to celebrate Tony make the project fl ourish in the twenty-fi rst century, the Faculty of Law has learned to act as an organized community. Here is one of the results, which you will notice in the honoré’s record-breaking sixty pages of the Law News today: the Faculty is a partner not only with the Oxford colleges years of teaching for the Law that teach law, but with the professions, with the judiciary, with law schools around the world, with other departments of the University, and with our alumni. faculty. Full story on page 3. our graduate students work with practitioners in the Pro Bono programme, and we are working on developing clinical partnerships for our undergraduates. The Faculty has built mooting more deeply into our work, initiating Cuppers Mooting – an intercollegiate championship – this year, and building relationships around the world as hosts or participants in fi ve international moot programmes. We are developing a Masters degree in Contents Law and Finance with the Business School, with whom we are already partners in the Centre for Business Taxation. The Law and Finance programme will bring senior practitioners into News ...... 2 our graduate training. We collaborate with oxford’s new Smith School of Enterprise and the Environment, with the Philosophy Faculty, and with the departments of Refugee Studies Centres ...... 10 and of Continuing Education. We teach Competition Law to judges from across Europe, and International Law to British military lawyers. Last term we developed our alumni lectures into Lectures, Conferences & practitioner lectures, as one way of starting to develop oxford professional legal education. Seminars ...... 16 Another way is the oxford Diploma in Intellectual Property Law and Practice, which began this year – a partnership with senior practitioners in teaching virtually the entire cohort of titles of Distinction, young lawyers entering the discipline of IP in London fi rms. We have exchange partnerships and Honours ...... 18 in various forms with Leiden, Paris, Bonn, Konstanz, Munich, Regensburg, Siena, Barcelona, New York, Yale, Texas, Melbourne, Sydney, and the China university of Politics and Law, and Arrivals and Departures ...... 19 others are afoot. We started last term to build relationships in India with the law schools, the profession, and our alumni. Scholarships ...... 22 Don’t think that we are departing from the model that made oxford such a good place for law. We are making these connections with a deeply conservative impulse to enter into Moots ...... 24 only those partnerships that build on what we already have, and make something good of it. The connection we love best is the connection between scholar and student, in oxford. Student News ...... 26 The oxford Law School is the largest and most powerful centre for research in law in the united Kingdom, with the closest contact between scholar and student of any law school Publications, Prizes ...... 28 in the world. That means that we have a great deal to offer, and to gain from others around the world. We will not be globalizing willy-nilly, or signing Mous for the sake of it. But we will Alumni Events ...... 30 be making the most of the remarkable opportunities we have to work with lawyers around our city and around the world. In these pages, perhaps you will fi nd an opportunity to be Forthcoming Events ...... 32 involved. Benefactors ...... 32 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 OxfordNEWS Law News MAGDALEN COLLEGE hosted a moot in October 2008 judged by the Rt Hon the Lord Browne-Wilkinson PC, Justice David Souter, and Justice Stephen Breyer, all Magdalen Oxford law graduates. Lord Browne-Wilkinson was previously the senior Law Lord, and Justice Souter and Justice Breyer are Justices of the United States College Supreme Court. the facts 550th The moot concerned the tort of defamation. Mark, an oxford student working for the student newspaper Toast, discovered videos of football hooliganism on the Internet. one of the hooligans resembled Professor Egg, the newly elected President of St Anniversary Matilda’s College. Mark telephoned Professor Egg to ask him to explain the videos but dialled the wrong number. on the basis of the videos, Toast published a story alleging that Professor Egg had been a football hooligan. It also alleged that the College was Moot aware of Professor Egg’s criminal history when it elected him, and had done so ‘to cement its reputation as a hothouse for eccentricity and perversity’. The imputations concerning St Matilda’s College were included at the behest of Henry, the editor of Toast, despite Mark’s advice that there was no evidence to support them. It transpired that the hooligan was Professor Egg’s estranged twin brother.

the decisional history Professor Egg and St Matilda’s College sued Toast for damages. Toast conceded the allegations in Professor Egg’s statement of case but relied on the defence of responsible journalism. Toast argued that St Matilda’s was unable to maintain its action as the College was akin to a ‘governmental body’ and governmental bodies are precluded from bringing proceedings in defamation by the decision in Derbyshire CC v Times Newspapers (l–r) Mr Jonathan Sumption OBE QC, the Hon Michael [1993] AC 534. For the purposes of the moot, the panel constituted the Appellate Beloff QC, Benjamin Spagnolo, Mr Andrew Lodder, Committee of the House of Lords. There were two issues: Justice Breyer (i) whether it should remain the law that a defendant can be liable for publishing a potentially important story about a public fi gure if that defendant fails to meet the standards of ‘responsible journalism’, but is not malicious; and (ii) whether it should remain the law that a ‘governmental body’ cannot bring a defamation claim even against a defendant which has maliciously published a false story.

the argument Mr Jonathan Sumption oBE QC and Mr Andrew Lodder appeared for the appellants.

Photos: Mrs Heather Clay Photos: The Hon Michael Beloff QC and Mr Benjamin Spagnolo appeared on behalf of the (l–r) Mr Benjamin Spagnolo, Mr Jonathan Sumption respondents. Mr Sumption and Mr Beloff studied at Magdalen while Mr Lodder and OBE QC, Justice David Souter, the Rt Hon the Lord Browne-Wilkinson PC, Justice Stephen Breyer, the Hon Mr Spagnolo are current Magdalen students. on the first issue, Mr Sumption argued Michael Beloff QC, Mr Andrew Lodder that the defence of responsible journalism gave too much protection to reputation. He submitted that media defendants should only be held liable for publishing defamatory statements if they do so in bad faith. Mr Sumption adopted James Madison’s remark that ‘[s]ome degree of abuse is inseparable from the proper use of Pro-vice-Chancellor for every thing, and in no instance is this more true than in that of the press.’ Mr Beloff submitted that it was unnecessary to offer further protection to media defendants. Education He invoked Iago’s statement to othello that ‘[w]ho steals my purse steals trash … But Ewan McKendrick, the Herbert Smith he that filches from me my good name Robs me of that which not enriches him And Professor of English Private Law, has makes me poor indeed.’ on the second issue, Mr Lodder submitted that the decision been appointed as the University’s Pro- in Derbyshire should be reconsidered and that the House should instead grant vice-Chancellor for Education. Having ‘governmental bodies’ a qualified privilege. Mr Spagnolo invited the House to affirm served as the Law Faculty’s Director of Derbyshire. Undergraduate Studies and as Chair of the Law Board, Ewan will now oversee the decision policy and planning for all degree The House declared that the defence of responsible journalism was open to serious programmes across the University. It is criticism and that consideration should be given to adopting a more robust defence. Ewan’s second Pro-vice-Chancellorship, on the second issue, their Lordships approved the rule established in Derbyshire. as he is moving across from the University’s Research portfolio. James Goudkamp

and the Intellectual Property Lawyers’ the realization of that objective is its reliance IP Diploma Association, the peak professional on senior practitioners in the design and IN 2008 tHE FACULty introduced a new organization for Intellectual Property delivery of its academic programme. postgraduate programme – the Diploma lawyers in the uK. It also represents an The IP Diploma is a novum in the in Intellectual Property Law and Practice exciting opportunity for the Law Faculty history of oxford Law. It is also a source of – with an initial cohort of 56 students. to strengthen its expertise in IP and its opportunity and challenge for the Faculty, The Diploma is the fi rst part-time, relationship with private practice. The which we look forward to exploring and vocational programme ever to be offered core objective is to provide a high-level meeting further in the years to come. by oxford Law, and represents a new vocational course in IP for newly and collaboration between the Law Faculty recently qualifi ed practitioners. Critical to Justine Pila

2 Winter 2008/9 Oxford Law NewsNEWS The city of the future: fi v e of the Times’ top-ten Future Stars of the City 2008 are Oxford lawyers

http://business.timesonline.co.uk/tol/business/law/article5313984.ece smith school of Tony Honoré’s jubilee Enterprise and the Environment

ON 9 OCtOBER 2008 the new Smith School of Enterprise and the Environment was officially opened by the vice Chancellor. this important new School has been made possible by the generous benefaction of Martin and Elise Smith. Its first director is Professor Sir David King who was the UK Government’s Chief Scientific Adviser and Head of the Government Office of Science from October 2000 to December 2007. The School is aimed at understanding and pioneering ways for private enterprise, government, and academia

to work toward solutions to the Leese Christopher environmental challenges of the twenty-first century. It will provide Ben Goold On 9 MAy 2008 a symposium and dinner were held at All a multidisciplinary research and souls College to celebrate Tony honoré’s record-breaking teaching centre for leading academics, & NICS sixty years of teaching for the Law faculty. severely working with business and government Benjamin Goold wounded at El Alamein in 1942, Tony came to new College leaders, in the fields of environmental is currently in 1946 to read for an abbreviated ex-serviceman’s BA in economics, finance, international organizing Jurisprudence, and continued on to the BCL, winning the development, law, politics, and all areas and chairing a Vinerian scholarship. relevant to the response of the private consultation In 1948 he became Law Fellow at Queen’s, then Reader and public sectors to environmental by the British in Roman-Dutch Law a decade later, and then in 1971 challenges. Government on Regius Professor of Civil Law. In 1951 it was he, along This is an exciting university initiative the data-sharing with Queen’s philosophy tutor A. D. Woozley, who in which the Law Faculty is delighted provisions of the convened the first recorded interdisciplinary seminars to be involved. Dr Liz Fisher and Eloise National Identity in philosophy and law, attended by H. L. A. Hart. Tony’s Scotford are associates of the School Card Scheme for subsequent collaboration with Hart, Causation in the and look forward to working with it. In the Identity and Law, spawned a famous seminar series for the BCL. This Hilary Term 2009 the Environmental Law Passport Service. is one of several seminar series that Tony continued to Discussion Group will be co-run with In addition, he has teach even after his retirement from the Regius Chair in the Smith School, which will provide also been asked to 1988, and indeed continues to teach into this, his eighty- an exciting opportunity for cross- provide a briefi ng seventh year. At the May 2008 symposium, tributes were disciplinary discussion. The School is also for the European paid by Timothy Endicott, Dean of the Law Faculty, by hosting a number of Visiting Fellows in Parliament on the John Gardner, Tony’s co-teacher from 1988 onwards, and Environmental Law including Professor ‘Development of by Boudewijn Sirks, current holder of the Regius Chair. Dan Bodansky from the university of the Organized Tony was also presented with a volume edited by Sirks, Georgia. In the future it is also hoped Crime threat containing essays celebrating Tony’s contributions to that an environmental law post can be Assessment Roman legal history accompanied by a more personal funded at the School. (OCtA) and memoir by Gardner. The souvenir programme from the For more details on the Smith School of Internal Security symposium, Gardner’s memoir, and an interview with Enterprise and the Environment see Architecture’ in Tony by Timothy Endicott and John Gardner can all be www.smithschool.ox.ac.uk the EU. accessed from www.law.ox.ac.uk/honore Issue thirteen 33 OxfordNEWS Law News New Bar Standards Board Chair and Vice-Chair Announced The Bar Council has appointed Baroness Ruth Deech as the new Chair of the Bar Standards Board after an open competition run by an Appointments Panel. Sir Geoffrey Nice QC will be the Vice- Chairman. They took up their posts on 1 January 2009 in succession to Ruth Evans and George Leggatt QC.

development of advocacy teaching, and has lectured widely. Sir Geoffrey said: ‘I am honoured to become the Professor Roger Hood, Vice-Chair of the Bar Standards Board, Doctor of Laws an honour that will be a privilege for me and all Board Members given the In July last year, the University of appointment of Baroness Deech as the Birmingham conferred the Honorary Chair. She brings to the Board very Degree of Doctorate of Laws on Professor wide experience and learning, together Roger Hood. Formerly the Director of with personal humanity. The work of the Centre for Criminological Research, the Board she will lead will ensure that Professor Hood is now Emeritus Professor Ruth Deech lectured in law at Oxford the Bar is viewed with confidence by of Criminology, University of Oxford. University for many years before the public it serves, and that the Bar He was consultant to the United Nations being elected Principal of St Anne’s will have trust in the Board that now on the death penalty on several occasions College 1991-2004. She has extensive regulates many of its affairs.’ since 1986 and is a member of the Foreign experience of regulatory bodies, Commenting on the Appointment Secretary’s Death Penalty Panel. His ground- having served as Chairman of the Ruth Evans said: breaking research, Race and Sentencing: A Human Fertilisation and Embryology ‘I am delighted that Baroness Deech Study in the Crown Court (1992), was carried out Authority (1994-2002), a Governor of and Sir Geoffrey Nice have been in Birmingham and the West Midlands, as was the BBC (2002-2006), and as the first appointed as the new Chair and Vice- part of his work with Professor Stephen Shute Independent Adjudicator for Higher Chair of the Bar Standards Board. I am of the University of Birmingham, published as Education (2004-2008). She is an sure that they, together with the superb A Fair Hearing: Ethnic Minorities in the Criminal independent member of the House of Board already in place, will ensure that Courts (2005). Lords. the consumer and public interests Baroness Deech said: ‘The Bar has a are robustly defended under the new very good track record of regulation, legislation. I wish them very well as they not only in respect of the low level of take up their new positions.’ complaints against barristers but also In welcoming the appointments the in the way they have been handled Chairman of the Bar Council, Timothy by specialists. The Legal Services Act, Dutton QC said: however, has brought in new standards ‘The Bar Council warmly welcomes and levels of expectation in relation to the appointment of Baroness Deech the supervision of the legal profession, as Chair of the BSB and Sir Geoffrey which the Bar Standards Board has Nice as Vice-Chair. Baroness Deech is every confidence it will meet. An a person who is equally distinguished excellent start was made under the in her academic life as she is in her chairmanship of Ruth Evans, dealing public life, and she will bring to the BSB with important issues in the education the benefit of enormous experience and training of barristers, and I plan to and great intellectual distinction. Sir continue her work in facing new issues, Geoffrey Nice will bring a depth of including complaints handling and the knowledge of the practice of law and of provision of legal services.’ the legal profession here and abroad to Sir Geoffrey Nice QC is a senior silk his work for the BSB. They will inspire with a broad practice in Common confidence in the BSB both from the Law work. He is internationally public and the profession. We look known for his work at the War Crimes forward to working with the BSB under Tribunal in the Hague where he led their leadership as the BSB charts the prosecution against Slobodan a regulatory course for the public Milosevic. He sits as a Recorder, is and the profession in what will be a Bencher of Inner Temple, and a interesting times as the profession and former Head of Chambers at 1, Temple its regulator look to a future under the Gardens. He has been active in the Legal Services Act.’

4 Winter 2008/9 Oxford Law NewsNEWS Civil Procedure Conference at the British Academy IN DECEMBER 2008, the Law Faculty hosted a major conference in London to mark the tenth anniversary of the Civil Procedure Rules in England and Wales. the event was organized by Dr Déirdre Dwyer, the Faculty’s first British Academy Postdoctoral Fellow. the conference brought together over 130 judges, academics, barristers, and solicitors to discuss the effectiveness of Lord Woolf’s reforms. Allen Steve The CPR was ‘a new procedural code with the overriding objective of enabling the court to deal with cases justly’. It fundamentally changed the conduct of litigation in England and Wales, with more active judicial case management, and an ethos of party co-operation. The CPR has also been viewed as a possible model for reform elsewhere. It is the basis, for example, of the Civil Justice Reform in Hong Kong in 2009. There had, however, been no real public debate about the effectiveness of the CPR. Ten years on from the ‘Woolf Reforms’, the oxford Law Faculty therefore took the lead in facilitating this important discussion between academics and practitioners from England and overseas. The delegate list included attendees from Brazil, China, Germany, Greece, Italy, Portugal, and the Netherlands. Speakers at the conference included Sir Anthony Clark (Master of the Rolls), Sir Henry Brooke (former Vice-President of the Civil

Division of the Court of Appeal), Lord Justice Jacob, Dr Daan Asser Barry Roberts (judge of the Netherlands Supreme Court), Master Peter Hurst (Senior Costs Judge), Professor Robert Turner (former Senior Master of the Supreme Court), Professor Anthony Jolowicz (Cambridge), Law Alumni Professor Michael Zander (LSE) and Professor Adrian Zuckerman (oxford). Lord Woolf, who was in Hong Reception at the Kong at the time, contributed a foreword for the delegates’ conference packs. A full list of Mansion House speakers, with the abstracts for their papers, is available on the conference website ON tHE EvENING of 20 October 2008, by (www.law.ox.ac.uk/cpr10) kind invitation of David Lewis (the Lord The conference provided an Andrew Ashworth Mayor of London and an Oxford Law opportunity for oxford to showcase Alumnus), the Faculty welcomed over 500 its world-class expertise in civil has been named law alumni to a drinks reception in the procedure, with papers from current splendid surroundings of the Egyptian Hall Faculty staff (Déirdre Dwyer, Katharine in the Times list, of the Mansion House. Grevling, Magdalena Tulibacka, Adrian ‘Law 100: the UK’s After words from the Lord Mayor and from Zuckerman) and from several recent Professor Endicott, Dean of the Law Faculty, oxford DPhil graduates (Carla Crifò, most powerful the main speaker of the evening was Lord Rachael Mulheron, Shirley Shipman). Bingham of Cornhill. In characteristic style, Many of our current BCL students were lawyers’. A further he articulated four propositions about the able to meet with senior members of university and the Faculty leading to the the Bar and the solicitors’ profession 28 of those featured sure conclusion that there are good reasons at the event. are Oxford alumni. for alumni to support oxford Law. Quoting The conference was sponsored by from the Reverend Sydney Smith that ‘Man is Herbert Smith LLP. Tim Parkes, a Dispute Of 12 Lords of certainly a benevolent animal ... A never sees B Resolution Partner at Herbert Smith, in distress without thinking C ought to relieve and an oxford graduate, co-ordinated Appeal in Ordinary him directly,’ Lord Bingham concluded with the sponsorship, and delivered a paper in 2008, eight the hope that ‘the lawyers of oxford will prove on the practitioner’s perspective on the the Reverend gentleman’s fi rst point to be CPR. The conference proceedings will studied in Oxford right and the second completely wrong.’ be published in 2009. A wonderful evening was had by all. The (Lords Bingham, Faculty’s thanks go to David Lewis and to Hoffmann, Saville, Lord Bingham; and to Freshfi elds Bruckhaus Deringer LLP, Herbert Smith LLP, and Rodger, Carswell, Slaughter and May for their generous support Brown, Mance, for this event. images from the Civil Procedure Conference Neuberger).

http://business.timesonline.co.uk/tol/ business/law/article3785478.ece Issue thirteen 55 OxfordNEWS Law News Global oxford Research Assessment Law Donor Scheme Exercise 2008 (GoLD’s)

tHE GOLD SCHEME aims to Order by: replace haphazard approaches institution with an organized outreach GPA (7-3-1-0) to firms that wish to work with us. We will back it with Scale by: creative thinking about forms QR funding of support and opportunities for interaction, and with the good communication that it takes to build a relationship. And we hope to see firms take an increasingly focused, organized approach to their support for legal training and The British Government’s Research scholarship. In this Scheme we offer an initial step for Assessment Exercise forms the some firms in developing a partnership with Oxford Law, basis for research funding across and a new opportunity for existing supporters. all subjects in higher education The GoLD Scheme involves a donation of £10,000 per year in the united Kingdom. The 2008 with a recommended three-year commitment. A donation to the exercise involved a very large-scale GoLD Scheme is an investment in the future of oxford Law. peer review of research activity Newest members include Pinsent Masons LLP and Ince and Co. during the period from 2001 to For more information, contact our Development offi cer, Chris 2007, yielding a profi le for each Leese (christopher.leese@ law.ox.ac.uk) or telephone him subject of percentages of activity in on 01865 271045 to discuss the Scheme. a university rated as falling within four broad bands: 4*, 3*, 2*, and 1*. New High

oxford had the highest number of staff Steward submitted for Law with the full-time equivalent of 103.5, 25% more than any other IN SEPtEMBER 2008, the university. The results of the exercise show Chancellor appointed Lord that on the RAE assessments, substantially Rodger of Earlsferry as High more top-rated research activity went on in Steward of the University, Law at oxford from 2001-7, than in any other after the retirement of Lord university in the uK. oxford rated third in the Bingham of Cornhill. proportion of research activity that attracted Lord Rodger was a Junior the highest ratings. LSE and uCL were rated Research Fellow at Balliol, and a fi rst and second in that respect, but they Tutorial Fellow at New College, submitted fewer than half as many legal before becoming an advocate scholars as oxford. in Scotland. He became Lord The graph at left shows the proportions of President of the Court of Session funding for Law that we expect the Higher and Lord Justice General in Education Funding Council to use in allocating 1996, and was appointed a Lord government research funding among British of Appeal in ordinary in 2001. A law faculties. Fellow of the British Academy, Lord Rodger is the Visitor of St Hugh’s College and an Honorary Fellow of Balliol, New, and Nuffield Colleges. Lord Rodger serves on the Faculty’s Graphic derived from www.soi.city.ac.uk/~jwo/raeviewer/city/ (The website includes information on all 67 UK law schools External Advisory Board, and assessed by the RAE) has occasionally taught Roman Law in oxford while serving in the House of Lords. 6 Winter 2008/9 Oxford Law NewsNEWS Law Open Days

tHE LAW FACULty held its annual Open Days between 12–14 March 2008. this event was made possible by a generous donation from Linklaters. We were very pleased to welcome 250 participants on each of these days, representing 435 schools all around the United Kingdom. the participants were welcomed by the Dean of the Law Faculty, Professor timothy Endicott, and our student representatives, Angela Higson and Benjamin Johnson. Professor Sue Bright then gave an overview of our undergraduate Law programme and Professor John Cartwright continued with a presentation on our four-year Law with Law Studies in Europe programme. On Wednesday, this was followed by a lecture on assault and battery by Ms Michelle Madden Dempsey, and on thursday and Friday it was a lecture on the doctrine of precedent in English Law by Mr Ben McFarlane. the participants were then introduced to the world of a solicitor by representatives from Linklaters. For lunch, the participants were split up into fi ve groups and were taken to lunch by our student volunteers in fi ve Oxford colleges. After lunch, the participants were treated to an admissions presentation and mock interview given by Dr Ben Goold and Dr Anne Davies respectively, demystifying the Oxford admissions process. the day ended with a Q & A session with our student volunteers where participants found out more about life as an Oxford student.

oxford university on iTunesu More than 150 hours of free audio and video podcasts from the University of Oxford are now available on a new site on itunes U. Highlights include lectures by, and interviews with, world-leading academics and researchers; and a fi lm with Michael Palin that was produced for the university’s campaign ‘oxford Thinking’ – the largest fundraising campaign in European university history. Potential applicants will be able to access free podcasts about how to apply to the university, including choosing a college and a course, and preparing for interview. They will also be able to see what an oxford tutorial is like. These free podcasts can be listened to, or viewed, online or downloaded to an mp3 player or mobile phone. The university of oxford will be adding new podcasts to its iTunes u site regularly. Soon the Law Faculty will contribute to the collection with key lectures, and excerpts from seminars, conferences, and events. There are currently more than 700,000 page requests per week on the university’s website, making it the most visited university website in the uK. This website features podcasts and a blog to assist applicants, and many of the university’s departmental and college websites feature audio and video, but the university’s iTunes u site will place all this material in one easily searchable place. Why not explore the site by visiting: http://itunes.ox.ac.uk/?

Issue thirteen 77 OxfordNEWS Law News New Masters in Law and Finance Oxford Thinking, the Campaign for the University of Oxford, officially launched on 28 May 2008 in the British Academy in London. Celebrations were held in Oxford later in the evening for distinguished guests and donors. The Vice-Chancellor, Dr John Hood, said, ‘We have launched the Campaign for the University of Oxford: the most sustained, co-ordinated fundraising effort ever undertaken by a European university.’ As part of the Campaign, the online giving website was launched and has since raised generous gifts to the Colleges and the University from hundreds of donors. Shona Nicholson, Head of the Annual Fund, says: ‘The level of giving has exceeded our expectations, and validates the The Faculty is pleased to announce simplicity of both giving online and directing a gift to your that from October 2010, it will be preferred area.’ admitting students for an exciting new The first online gift to the Faculty of Law came from course, the MSc in Law and Finance Clifford Chance Associate, Rebecca Bland, and the Dean (MLF), which the Faculty will be running of Law asked her to tea to thank her personally. To give to in conjunction with the Saïd Business Law directly, please visit www.giving.ox.ac.uk/academic_ School. The course will provide a departments/social_sciences/faculty_of_law.html rigorous engagement with the area of intersection between law, finance, and economics sought by financial institutions, law firms, and regulators. In doing so, it will meet a demand that Oxford Law Practitioner has arisen from commercial conditions which few, if any, other courses in the world currently cater for. Lectures Recent decades have seen exponential growth in the size and complexity of the On the evening of 4 December 2008, the Law financial services sector and those aspects Faculty ran the first of its Practitioner Lectures at of the legal services sector concerned with Norton Rose LLP. These lectures (previously known the structuring of financial transactions as the Oxford Alumni Lectures) were originally and regulatory oversight. Understanding restricted to Oxford alumni. The December corporate finance is vital to the success of lectures were the first to be open to anyone legal activity in this field, whilst regulating wishing to attend. such transactions appropriately requires The two lectures examined a central area of private a knowledge both of legal infrastructure international law, namely ‘Drafting, Defending and the macro-structure of the financial and Deploying Agreements on Jurisdiction and markets. The financial crisis of 2008 Choice of Law’. They were given by Professor Adrian illustrates vividly the importance of getting Briggs and Edwin Peel. Adrian is Professor of Private the right answers to these questions. International Law, a Fellow of St Edmund Hall, and a The MLF will be the first course of its kind barrister specializing in the private international law in the world, offering students with a prior of jurisdiction at Blackstone Chambers. Ed is a Fellow background in law the chance to develop an of Keble College and a Consultant to Clifford Chance advanced interdisciplinary understanding of LLP. The lectures described how to, and how not to, the economic and financial context within draft contractual terms dealing with jurisdiction and which regulatory frameworks – both public choice of law. They also dealt with the enforcement of law and private contract – seek to operate. such clauses and, in particular, with the problematic It will combine a highly analytic academic and fascinating question of whether there can be core with tailor-made practical applications an award of damages for the breach of a choice derived from continuing collaboration with of law clause. The issues were at the cutting edge professional and regulatory organisations. of legal developments and the evening, including In doing so, it will draw on the established the question and answer session, proved hugely strengths of existing courses – the BCL, and successful and enjoyable. Nearly 100 barristers or the Saïd Business School’s MBA and MSc solicitors registered (and paid £100) using the new in Financial Economics – to which will be faculty online booking system. The lectures were added the key integrative aspect of the worth two CPD points. programme: a new core course on the law The Faculty thanks Norton Rose for hosting the and economics of corporate transactions. evening and providing the drinks and nibbles. The Graduates emerging from the course will be profits from the evening will go to support the work of ideally equipped for careers as practitioners, the Faculty. regulators, or academics, respectively working in, regulating, or studying this important field. from top: Andrew Burrows, Adrian Briggs, and Edwin Peel 8 Winter 2008/9 Oxford Law NewsNEWS Lord Bingham of Cornhill, KG, PC, has joined the Faculty of Law as a Visiting Professor, from January 2009. Lord Bingham, Acknowledged to be one of the greatest judges of modern times, he successively held the positions of Master of the Rolls, Visiting Professor Lord Chief Justice, and Senior Law Lord. His many judgments, across many fields, are characterized by their principled common sense and succinct clarity. In the House of Lords, he led the judiciary in developing their approach to their new responsibilities under the Human Rights Act 1998. Throughout his distinguished judicial career, he showed unsurpassed acumen, a historian’s alertness to the ways in which the law has arrived at the state it is in, and candour in facing up to the judges’ role in applying it fairly and making it better. He is the Chair of the Oxford Law Foundation, and has served as the Visitor of five Oxford colleges including his own college, Balliol (which elects its own Visitor). He was High Steward of the University from 2002 until his retirement in 2008. The University conferred the title of Visiting Professor on Lord Bingham in October 2008. Lord Bingham is giving a series of five seminars this term on ‘Human Rights in the House of Lords’ for the Final Honours School course in European Human Rights Law. He delivered the 2002 Romanes Lecture in Oxford, just as the courts began to come to grips with new problems in the control of the executive in Britain and abroad. In a characteristically shrewd and sensitive analysis of executive detention by the United States and Great Britain in World War II, he reminded the audience that the twenty-first- century problems of executive detention are deeply related to problems that have faced the courts before. He said, ‘As a serving judge it would be inappropriate for me to comment extra- judicially on any current exercise of power to restrict personal liberty, whether here, or in the United States, or elsewhere.’ This term our students will be discussing the law with him, as Lord Bingham experiences the liberty of being a Professor.

Denise Réaume Oxford and Melbourne The University has appointed Professor The close connection between Melbourne Law School Denise Réaume as a Visiting Professor with and Oxford is growing stronger. Allan Myers AO, QC, an effect from October 2008. alumnus of both universities, has provided major sponsorship A graduate of the BCL and a full professor for a programme that includes graduate scholarships to bring at the University of Toronto, Faculty of Law, Melbourne Law School graduates to Oxford, library funding since 1996, Professor Réaume has written in for English materials in Melbourne and Australian materials in journals in Canada, Britain, the United States, Oxford, and a programme of faculty exchanges. Australia, Germany, and Israel. Her writing Over the past two years, Michael Bryan, David Brennan, addresses constitutional rights, the theory of Cheryl Saunders, and Camille Cameron have visited Oxford equality, feminist legal theory, from the Melbourne Law School, and Katja Ziegler, Donal general jurisprudence, and the Nolan, and Adrian Zuckerman have gone to Melbourne from law of torts. Her research has Oxford. Alison Young will go to Melbourne in Michaelmas 2009. particularly focused on human Each aspect of our collaboration has grown with a substantial dignity and the debate over increase in the Myers fund, and there are at present three whether rights are necessarily Melbourne graduate students in Oxford on Myers Scholarships. individualistic, or can protect The two law schools are discussing collaborations in research interests in collective goods. projects, and co-operation in holding major conferences. These themes emerge in Both Sydney and Melbourne now award scholarships for Professor Réaume’s lectures in their students to come to the BCL. The Melbourne exchange Oxford, on vicarious liability in programme in particular is building our longstanding role as an the law of torts. elite Australian graduate school in Law. Oxford has ranked first in the UK for Law in the Guardian University Guide 2009. The Guardian’s ratings focus on teaching strength, using government statistics on student satisfaction, spending per student, staff–student ratio, job prospects, and a comparison of students’ degree results with their entry qualifications. http://education.guardian.co.uk/universityguide2009 Issue Thirteen 99 Oxfordcentres Law News Taxation Law at Oxford University The Tax Law Group now has a revamped website – thanks to Steve Allen and Jane O’Hare. The website contains information

Barry Roberts about guest lectures in tax law. The site also gives access to prizes and scholarships, sponsorship and news, and Oxford University library resources in tax law, which have expanded, thanks to the efforts of the library staff and financial support from the Oxford University Centre for Business Taxation. We are currently developing an alumni page to feature details of alumni working in tax law as well as those who have studied tax law in Oxford and are using their tax knowledge indirectly. We have received details of alumni teaching tax law in universities, employed by revenue authorities, based in the tax departments of many law and accountancy firms in the UK and abroad, and working in the leading tax law chambers in London. If you would like to Andrew Dilnot, James Bullock, Glen Loutzenhiser, Judith Freedman, Jason Collins, and Peter Cashmore at the St Hugh’s College drinks reception add your details to the page please contact [email protected]. The website is at: www.law.ox.ac.uk/tax/ Developing Tax Law Studies in Oxford The website of the Centre for Business Tax, based at the Saïd Business School, features McGrigors University Lecturership further information about tax events and developments at Oxford University: www. In October 2008, the Partners of McGrigors LLP hosted sbs.ox.ac.uk/Tax/about/About+the+Cen a drinks reception at St Hugh’s College to celebrate tre+for+Business+Taxation.htm the creation of the McGrigors University Lecturership The Law Faculty works in close partnership in Tax Law – a new post in the Faculty, in association with the Centre, where Judith Freedman, with a Fellowship at St Hugh’s College. Sponsorship by KPMG Professor of Tax Law in the Law Faculty, McGrigors of this post, building on the success of the Career is Director of Legal Research. In October Development Fellowship in Tax Law which they sponsored 2008 the Centre and the Oxford Institute of previously, together with continuing sponsorship of the European and Comparative Law held a joint Chair in Tax Law by KPMG, ensures that the Faculty can symposium entitled ‘Prohibition of abuse continue its development of undergraduate and graduate of law: a new general principle of EU law?’ tax law options as well as participating in the Oxford organized by Professor Stefan Vogenauer and University Centre for Business Taxation based at the Saïd Dr Rita de la Feria, which brought together Business School. leading European lawyers working in many The drinks party was well attended by members of the tax areas including tax law, and will result in a profession, students and staff of the Faculty, and a number of joint book to be published by Hart Publishing alumni of the tax courses. The Principal of St Hugh’s, Andrew later this year. Dilnot, made a welcoming speech. McGrigors partner, James In 2008 the Centre for Business Tax was Bullock, gave enthusiastic support to the venture and to the awarded a grant of £2.5 million by the ESRC appointment of Glen Loutzenhiser as the first holder as part of its large grants scheme for a four- of the post. The generosity of McGrigors LLP, which year research project led has the largest dedicated tax litigation practice by the Director, Professor in the UK, was gratefully acknowledged by Judith Michael Devereux, entitled Freedman on behalf of the Faculty. ‘Business, Tax and Welfare’. The new University Lecturer in Tax Law, Glen Although the project Loutzenhiser, has dual qualifications in law and will be economics-based, accounting and has worked in the corporate tax Judith Freedman was one department of the Toronto law firm Osler, Hoskin of the co-applicants and a & Harcourt LLP, and as an accountant in public number of other lawyers practice and industry. His research interests include will be involved, so that the taxation of employment, small businesses, National work will encompass legal Insurance, and international tax. His work has been issues and perspectives. published by the British Tax Review and the Institute for Fiscal Studies, and he is assistant editor on the Judith Freedman latest edition of Tiley’s Revenue Law. KPMG Professor of Taxation Law The party also provided an opportunity to thank John Adams on the occasion of his retirement from teaching on the BCL/MJur, for his important contribution to tax teaching in Oxford over many years. Roger Smith recalled the role John has played in keeping tax law teaching alive in Oxford and instilling a fascination with tax law into many students, some of whom are now leading tax practitioners. 10Winter 2008/9 Oxford Law NewsCENtRES New Director for CSLS Steve Allen Steve DR FERNANDA PIRIE became the new Director of the Centre for Socio-Legal Studies on 1 October 2008, taking over from Professor Denis Galligan who had served as director since 1993, and who will continue as Professor of Socio-Legal Studies. Dr Pirie, a Fellow of St Cross College, conducts research among tibetan populations in India and China. She is an anthropologist by training, after an earlier career at the Bar which, itself, followed studies in French and News from the Centre Philosophy at the University of Oxford. Centre for Socio-Legal Studies tHE DIvERSIty OF the research stimulating lectures and workshops on undertaken at the Centre continues the Social Contract and on Courts and the to be strengthened by new Making of Public Policy. appointments. Dr Christina Parau, The Research Programme in European a British Academy Post-doctoral and Comparative Civil Justice Systems, led Research Fellow, was attracted to join by Dr Christopher Hodges, has been put the Centre in 2008, and her work on onto a new footing thanks to generous the development of the judiciary in funding by solicitors CMS and the Eastern Europe will complement that European Justice Forum. Together with carried out by Dr Marina Kurkchiyan on Dr Magdalena Tulibacka, Dr Hodges is legal culture in transitional regimes. embarking on a series of related projects Soon after his appointment to a concerning procedural and funding issues The object of her research is confl ict Research Fellowship in Courts and Public within civil justice systems, including resolution in these communities, which in Policy (funded by the Foundation for Law, alternative dispute-resolution procedures turn leads to issues of peace and order, and Justice and Society), Dr Phil Clark set up and class actions. the signifi cance of concepts of community, the oxford Transitional Justice Research Not to be outdone by more recent relations between communities and programme, which draws together the arrivals at the Centre, the existing the state, and the links between law interests of researchers throughout researchers continue to publish and and religion. Her recent book, Peace and the university and attracts a stream of pursue innovative new research Confl ict in Ladakh: The Construction of a prominent speakers to its seminar series. programmes, notable among which Fragile Web of Order, provides an account The oTJR is planning a conference on have been Dr Lange’s new book on of these issues. Her research on the Tibetan Transitional Justice in 2009. Implementing EU Pollution Control (2008), population of Ladakh is complemented by The Programme on Comparative Media Dr Pirie’s edited volume on Order and a study of the Tibetan pastoralists in China, Law and Policy, generously funded by Disorder (2008), Dr Kurkchiyan’s research which examines questions of feuding Shell International, received a major project on ‘Legal Culture in Europe’, a and mediation, power and authority, and boost with the recent appointment of Dr new project by Dr Michelle Cowley on relations between the minority population Nicole Stremlau, who researches media ‘The Role of Intent in Legal Contexts’, and the Chinese state. law and policy in war and post-war funded by the ESRC, and a programme of Dr Pirie’s appointment as Director contexts, particularly in the Horn of Africa. research into ‘Human Investigation and reaffi rms the multidisciplinary character Dr Stremlau joins Dr Yik Chan Chin, who Privacy in a Regulatory Age’, launched by of the Centre in its study of law in society. works on the regulation of free speech in Dr David Erdos with the Centre’s Hilary With a background in the practice of law, China. Together, they will develop what is Term seminar series, which follows a and doctoral training in anthropology, Dr sure to be an exciting new programme of conference on Charter 88. Pirie has the perfect qualifi cations to lead research and activities within PCMLP. A group of fi rst-class researchers is, the CSLS into the next stage of its history. The year 2008 saw the launch of a new thus, set to diversify its projects through Since its foundation in 1972, the CSLS has programme of research into the social 2009, while also developing avenues for maintained its role as a research centre foundations of public law, under the collaboration. Assisted by an able support dedicated to the study of law in society leadership of Professor Denis Galligan, staff, stimulated by a large student body from the perspective of the social sciences. made possible by the continuing and and supported by generous benefactors, Current research staff, which number a very generous support of John Adams, the Centre will continue to make new and dozen, refl ect that commitment, with its through the Foundation for Law, Justice exciting contributions to the scholarship members drawn from law, anthropology, and Society. During 2008 the Foundation, on law in society. political science, sociology, and psychology. together with the Centre, completed a set With a vibrant body of research students, of cutting-edge publications on the Rule Dr Fenrnanda Pirie numbering just short of thirty, the CSLS is of Law in China. In 2009 it will continue its Director experiencing a golden period of original and imaginative research, innovative training and supervision of research Paul Dodyk students, and lively discussion and debate Benefactors John Adams for the Foundation for of contemporary issues in law and society. The Centre would like to take this Law, Justice and Society In the hands of the new Director, the Centre will continue to thrive and prosper. opportunity to thank its major CMS Cameron McKenna LLP and benefactors: the European Justice Forum Denis Galligan Shell International Bv Professor of Socio-Legal Studies Issue thirteen 1111 OxfordCENtRES Law News

news from the Centre for Criminology Steve Allen Steve

OvER tHE LASt yEAR the Centre has dedicated DPhil in Criminology for the fi rst continued along the path we embarked time, and are confi dent that our ambition upon following my arrival as Director of producing and sustaining a world-class in 2005 – in terms of both our research graduate school in criminology is well on programme and our ambition to build a the way to being realized. thriving graduate school in criminology. It is also worth taking this opportunity on the research front, a number of to highlight the contribution that Centre new projects have started this year. members make to public life and deliberation Federico Varese was awarded a grant from on criminal justice and penal policy in the the European Commission as part of a wider world. These contributions currently consortium working on the ‘economics of include the following: security’. Mary Bosworth and Carolyn Hoyle Carolyn Hoyle and Ian Loader are members commenced a new project on traffi cked of the Commission on English Prisons Today women, supported by the Hulme Fund. set up by the Howard League and presided Ian Loader The fund also enabled Dr Bosworth to run over by Cherie Booth QC. The Commission a successful conference on ‘globalization, is due to report in May 2009. Ian Loader has ethnicity and racism’, which subsequently written columns in, among other places, The appeared as a special issue of Theoretical Guardian, in connection with this work. Criminology. Three members of the Centre Benjamin Goold has acted as Independent have completed books which are due to be Legal Adviser to the uK Identity and Passport published in 2009. These are Explaining US Service on Identity Card regulation and as Imprisonment by Mary Bosworth (Sage), Mob Specialist Legal Adviser to the House of Lords and Mobility by Federico Varese (Princeton), Constitution Committee Inquiry into the and Security by Lucia Zedner (Routledge). Impact of Surveillance and Data Collection. Mary Bosworth and Ros Burnett were both The Centre is, for the second year, running IP Centre awarded the title of Reader in Criminology a successful series of advanced criminology in the 2008 Recognition of Distinction seminars for senior offi cers in Thames Valley News exercise. Congratulations to them both. Police. The Centre also welcomed two new Ian Loader continues, in collaboration IN OCtOBER 2008 the Oxford Intellectual postdoctoral research fellows this year. with the Police Foundation, to run the Property Research Centre (OIPRC) became Bethan Loftus was appointed to a Centre oxford Policing Policy Forum at All Souls a Centre of the Oxford Law Faculty, taking fellowship to work on a book entitled Police College. Two Forum events were held last its place alongside an increasing number Culture in a Changing World, which is to year, one on police powers, the other on of multidisciplinary centres. be published by oxford university Press surveillance. More details can be found at: The oIPRC was established in 1990 at St next year. Conor o’Reilly was awarded an www.police-foundation.org.uk/site/ Peter’s College by Faculty member Peter Economic and Social Research Council police-foundation/latest/events/oxford- Hayward, with an £85,000 gift from the postdoctoral fellowship to continue and policing-policy-forum?LanguageId=0 Hitachi Foundation. In its first six years extend his work on the transnational Andrew Ashworth continues to act as it was essentially a library, and then in security industry. His book Policing Global Chair of the Sentencing Advisory Panel and 1995/6 it developed a visitors’ programme Risks is to be published by Hart Publishing in as a member of the Sentencing Guidelines and multidisciplinary (law and economics) 2009. Both Bethan and Conor are applying Council. research agenda. for research funding to commence new Julian Roberts served as a member of the In 1998 Peter Hayward retired, and Professor projects in the Centre. ‘Sentencing Commission Working Group’ set Vaver was appointed to a Professorial This october we were pleased to up following the Carter Report on the future Fellowship at St Peter’s and made Director welcome 24 new students to study for of prisons, and chaired by Sir Igor Judge. of the Centre. The Centre’s website, seminar the MSc Criminology and Criminal Justice. Those wishing to keep abreast of the series, and electronic journal were established The degree is now in its eighth year, is Centre’s activities, or support our research in the same year, followed in 2002/3 by its attracting top students from around the and teaching programmes, can fi nd out Mock Trial and International IP Moot. These world, and has become more and more more by visiting: www.crim.ox.ac.uk events have grown in the years since, with the pivotal to the intellectual life of the Centre. We also welcomed six new DPhil students. Professor Ian Loader In october 2009 we are launching a Director 12Winter 2008/9 Oxford Law Newscentres extended information Another about new resources.

We also introduced Allen Steve productive free scanning as an alternative to the photocopier, which year for the has proven to be a popular option. Bodleian Law We have a wonder- fully exciting project Library underway to update and renew the text We were very pleased to start some book collection for new projects this year to improve the many foreign law spread of information and service to all sections in the Law our readers. As the electronic coverage Library. By concen- of legal materials increases, we find trating on buying the a small decrease in numbers coming latest editions of key into the library, but this is more than texts, we hope to bring matched by the increased usage of the library up to the all the legal databases provided by standard that research- the library. Thanks to the continuing ers had come to expect generosity of several key city firms of us in the past. (Freshfields, Lovells, Baker & McKenzie, Improvements to the building included two graduate trainees working in the Slaughter and May, and Weil, Gotshal the installation of a new interactive library was so successful that we will & Manges), the library is able to white board provided by City Solicitors’ continue the project for the foreseeable purchase new e-resources relevant to Education Trust, used for teaching in our future. Several staff attended conferences our teaching and research, as well as extensive range of legal research courses. beyond the UK, in Brussels, Dublin, maintaining our key first-year Legal Our porter, Bill Hudson, retired mid year, Puerto Rico, and the US, and we again Research Skills programme, and our and because he was irreplaceable, we provided library induction and training extended weekend opening. have installed a swipe-card entrance gate for numerous US university law schools, In order to maximize the extent of online instead. It does not smile to welcome as well as a Chinese university law school, help we can provide, we undertook an entrants to the library, but it does provide over the summer. exercise to renew the look and feel of our excellent information on use of the library. The Law Library could not provide the website – www.ouls.ox.ac.uk/law . We The overhead lighting improvement support we give without the generosity of also improved communication with Faculty project also continues, and makes the law firms and Oxford alumni, and we are and students with the introduction of a library a brighter, friendlier place for our grateful for the ongoing support for one of weekly newsletter full of our latest activities. A users. the best law collections in Great Britain. blog site was launched, named the Law Bod As in every year, we experienced Blog – http://lawbod.wordpress.com/ – with several staff changes; our first year with Ruth Bird

Moot in particular earning a well-deserved of which marked a bold move away from the Conversazione will follow the tradition of place on the international IP scene. more traditional designs usually associated past Conversazioni in seeking to address The Centre’s move to the Faculty represents with Oxford colleges. It is considered to be contemporary issues in a cross-disciplinary a wonderful opportunity for consolidation one of the finest examples of the work of the manner and with participants from inside and and growth, both for the Centre itself and IP Danish architect Arne Jacobson, and is imbued outside academe. at Oxford more generally. The precise nature with an open, welcoming, and democratic The timing, the venue, the problem, and and direction of that growth will emerge once spirit that makes it a perfect venue for an event the Conversazione mark small changes to the Professor Vaver’s successor, Professor Graeme such as the Moot. Moot from past years. All however will be in Dinwoodie of Chicago-Kent College of Law, The problem to be mooted also marks a fulfilment of its original objective of providing takes up the Chair in Intellectual Property change from past years. Written by Associate a socially enjoyable and intellectually rigorous Law (and Directorship of the Centre) in June Professor David Brennan of the University event for those of us interested in IP law 2009. Until then my hope as Interim Director of Melbourne, it is the first problem to have and advocacy. In the light of that objective of the Centre is that its most treasured assets a patents focus. For this among many other particularly I am delighted to say that the final and activities – its library, seminar series, and things we have the Moot’s Organising round will be judged again this year by Lord International Moot – flourish as assets and Committee Chairman and Oxford DPhil Justice Mummery, Lord Justice Jacob, and Mr activities of Oxford Law. Candidate in Physical Chemistry to thank: Justice Floyd; and that we will again end the The Moot particularly is a real source of Stuart Baran. My hope is that having a patents event with a black-tie dinner, this year in St excitement, and promises to be a highlight problem will dispel the myth that one needs a Catz’s beautiful hall. of the Faculty’s 2008/9 academic calendar. background in science in order to be a patent All in all it promises to be a wonderful It will take place on Friday 20 March and lawyer. event. I do hope that those Faculty alumni Saturday 21 March 2009, marking a change Or is it a myth? This is one of the questions with IP interests will be able to join us for it, from the weekend schedule of previous years. that will be considered at the inaugural and will find ways, more generally, to become It will also have a new venue, St Catherine’s Oxford IP Conversazione, to be held at the involved with the OIPRC in its future life as College, which is the youngest and largest Moot on the evening of Friday 20 March. a multidisciplinary Centre of the Faculty of of the Oxford colleges, and which (not Organized with assistance from Barbara Law. coincidentally) is my own College. St Catz has Lauriat, the University’s Career Development beautiful buildings and gardens, the design Fellow in Intellectual Property Law, the Dr Justine Pila

Issue Thirteen 1313 Oxfordcentres Law News Professor Philippe Théry ‘Trends in Retail Competition: News from the Institute organized a conference on Private Labels, Brands and ‘Current Issues in European Competition Policy’ focused of European and Finance and Insolvency Law: on the role of private labels in Perspectives from France and competition between retailers the UK’. The event brought and suppliers and the issue Comparative Law together a group of mainly of strong buying power. And French and English insolvency in June, a colloquium on and company lawyers to ‘Human Rights and Tort Law: discuss recent developments Privacy and Remedies against and reforms in their respective Public Bodies – Comparative jurisdictions, as well as Perspectives on Recent current developments on the Developments’ brought European level. together academics from A joint symposium with Sweden and Oxford. the Oxford Centre for The Institute continues Business Taxation concerned to administer the highly the question whether the successful ‘Law with Law ‘prohibition of abuse of law’ Studies in Europe’ degree on constitutes a new general behalf of the Faculty. Students principle of EU law. A packed reading for this degree spend two-day programme saw their third year in one of our 26 speakers from all over European partner universities Europe engage in a minute and receive training in the law discussion of the case law of and language of their host the European Court of Justice country during their second in various areas of Community year at Oxford. In March law. The event was chaired 2008, this programme was by Advocate-General Miguel enriched by a new element: Poiares-Maduro and addressed following an initiative of Dr by the Director-General of the Eric Descheemaeker, the first European Commission’s DG Oxford French Law Moot was ‘Justice, Freedom and Security’, held. It re-opened the famous Jonathan Faull. Perruche case on ‘wrongful The proceedings of birth’. The two teams were these four conferences given four weeks to acquaint will be published by Hart themselves with the facts of Publishing in the Institute’s the problem and research the series, ‘Studies of the Oxford law. Each team spoke in French, Institute of European and first for thirty minutes to make Comparative Law’ from March their submissions and then 2009 onwards. The series, for ten minutes to make their Top: Professor Stefan Vogenauer established in 2007, has been rebuttal points. Bottom (l–r): Mummery LJ, Arden LJ, Lord Bingham, Professors Andenas (Oslo), a resounding success and will One of the judges of the Graver (Oslo), Vogenauer (Oxford), Alpa (Rome), Dr Murkens (LSE), Dr Munday (Cambridge), Carnwath LJ, Judge Tommaso Basile (Corte di Cassazione, Rome), see the launch of its tenth moot, Professor Philippe Professor Philippe Sands QC (UCL), Lord Mance, Dr Duncan Fairgrieve (Paris), volume in January 2009. Théry, left the Institute after Dyson LJ, Professor Marc Loth (Amsterdam) at the seminar, ‘A Matter of Style? The Form of Judgments in the United Kingdom and Abroad’ A number of events the summer (no causal link!). benefited from the generous He returned to his post at the This has been another the results of a major survey support of the Oxford/ University of Paris Panthéon- busy year for the Oxford of European businesses on Stockholm Wallenberg Assas after his two-year Institute of European and these issues. Venture, headed by Professor secondment to the Institute. Comparative Law (IECL). Our A one-day seminar entitled Ulf Bernitz. In May, more We welcomed the arrival main event was a conference ‘A Matter of Style? The Form than 75 lawyers and political of his successor, Professor on ‘Civil Justice Systems of Judgments in the United scientists, academics, policy- François-Xavier Lucas from the in Europe: Implications Kingdom and Abroad’ was held makers, and students from University of Paris Panthéon- for Choice of Forum and in honour of Lord Bingham Oxford and beyond attended Sorbonne, who will be the Choice of Contract Law’. of Cornhill shortly before his a conference entitled ‘The Institute’s French Deputy It was organized jointly retirement from his offices Lisbon Treaty and Beyond: Director for the next two years. with the Oxford Centre for of Senior Lord of Appeal in Hype, Hopes and Fairytales’. It We also welcomed Mr Martin Socio-Legal Studies and Ordinary and High Steward was organised by Professors Flohr as the second Max Planck our principal supporters, of the University of Oxford. Kalypso Nicolaidis (European Fellow under the exchange Clifford Chance LLP. It brought together senior Studies Centre) and Stephen agreement of the Oxford Law Academics, practitioners, UK judges and academics Weatherill (IECL and Law Faculty and the Hamburg and policy-makers from all from various jurisdictions, Faculty) under the joint Max Planck Institute for over Europe attended. The comparing the merits of venture ‘EU@OX’. The aim Comparative and International conference focused on the different styles of writing was to reflect on the nature Private Law. extent to which perceptions judicial opinions in the light and purpose of the Lisbon Information on these and of differences between of recent developments in Treaty and to consider how other Institute events and national civil justice systems the House of Lords and the the EU has arrived at this activities can be found at: affect businesses engaging Court of Appeal. Together choice after a turbulent few www.iecl.ox.ac.uk/ in cross-border transactions with Mrs Louise Gullifer of years planning more-or-less when they choose the Harris Manchester College, the ambitious versions of Treaty Stefan Vogenauer forum and the governing Institute’s Deputy Directors, revision. In May, the fourth Professor of Comparative Law contract law. It presented Dr Wolf-Georg Ringe and symposium in the series and Director of the Institute 14Winter 2008/9 OxfordLECtURES, CONFERENCES, Law News SEMINARS oxford/Leiden News from the Faculty Conference Foundation for Law, 26–27 September 2008 Justice and Society

FROM tIME tO tIME members of the Oxford tHE FOUNDAtION FOR The House of Lords played and Leiden Law Faculties hold a conference LAW, JUStICE AND SOCIEty, host to the concluding at which members of the two faculties give affi liated with the Centre for symposium of our three- Socio-Legal Studies, enjoyed year ‘Rule of Law in China’ papers on related topics – a very valuable a rich programme of events in programme in october. staff exchange, conducted in a relatively 2008, attended by prominent The event was attended informal setting but allowing members to fi gures from government, by a select group of fi fty work together and therefore to cement business, academia, law, and prominent fi gures in the further the long-established link between the media. fi eld, including Lord Geoffrey In June, the Foundation was Howe, former Chancellor of our two Faculties. privileged to welcome the the Exchequer and President Chief Justice of South Africa of the Great Britain China to oxford, to deliver a lecture Centre, who remarked that on the constitutionalization the programme’s policy of socio-economic rights briefs and reports showed a in South Africa since ‘sophistication of analysis that Apartheid. He argued that is immensely impressive’. the Constitution is best The Foundation’s lectures understood as a manifesto are available as podcasts for positive transformation which can be downloaded towards an equal society, from the Foundation’s recently and that in order to achieve relaunched website at: this equality, ‘judges should www.fl js.org/podcasts approach human rights Last year’s annual lecture adjudication so as to uplift the by Cass Sunstein was one of underprivileged’. the top 100 global downloads A large audience was from the new oxford university attracted to the Foundation’s page of iTunes u, to which lecture on Detention without the Foundation has been Trial at the Aspen Institute, contributing this year. Colorado in July. The lecture The year 2009 looks set In 2008 it was Leiden’s turn to host the and following workshop, which to be equally successful, conference, which took place on 26 and 27 coincided with the Aspen Ideas beginning with our conference September on the theme ‘Interpretation of Festival, served to strengthen on International Courts on the close links the Foundation 28 January, when Professor National Law in the Context of Transnational enjoys with the Aspen Antonio Cassese will deliver Law’. For oxford, Stefan Vogenauer chaired Institute, and was covered by a lecture on International one of the sessions and presented a paper on Joshua Rozenberg in The Daily Criminal Law and Victim- ‘Interpretation of the uNIDRoIT Principles of Telegraph. Centred Justice. International Commercial Contracts by National Courts’; John Cartwright gave a paper on ‘Interpretation of English Law in Light of the Common Frame of Reference’; and Deirdre Housing issues in the Dwyer on ‘The Interpretation of the English Civil Procedure Rules in the Context of Article twenty-fi rst century 6 ECHR’. Leiden colleagues presented a range of papers both on private law topics and on WItH tHE SUPPORt of the John Fell Fund and Devonshires fundamental rights. The hospitality of the solicitors, the Faculty is running a series of interdisciplinary Leiden Faculty was, as always, outstanding. housing seminars on a number of current hot topics in A volume containing the papers from the housing. The series has been organized by Sue Bright, together with conference is to published during 2009. Professor John Meullbauer (Economics), and Professor Peter Kemp (social policy). Topics discussed in Michaelmas Term were: house prices, housing supply, and the future of social housing. In Hilary and Trinity terms we are looking at the future of private renting, the changing legal landscape, homelessness, household formation, and climate change and housing. For further information, contact [email protected] Issue thirteen 1515 OxfordLECtURES, CONFERENCES, Law SEMINARS News Law and finance roundtable

ON 6 JUNE 2008, the Law Faculty and the Saïd Business School held a Law and Finance Roundtable, on Private Equity, Hedge Funds, and Corporate Governance. The idea was to bring together academics, practitioners, and industry participants to discuss topics of mutual interest and to foster a productive dialogue. The roundtable was organized jointly with the Institute for Law & Economics at the University of Pennsylvania (a joint venture of the U Penn Law School and the Wharton Business School), and many of the discussions focused on transatlantic differences. The day’s events were kindly sponsored by Travers Smith. in the morning, two academic papers were presented. The fi rst, by Marco Becht, Julian franks, and Jeremy grant, presented empirical fi ndings on the impact of hedge fund Activism on the stock performance of European listed companies. The second, by Marcel kahan and Ed rock, analysed the increasingly active role played by hedge funds in the enforcement of debt covenants in the Us. Each paper was followed by comments from both an academic and a practitioner, then a lively open discussion. The afternoon session was a discussion on Private Equity: ‘doing deals When the sky is falling’, led by a panel comprising david Blitzer (Blackstone), Charles Crawshay (Assistant director general, The Takeover Panel), Todd fisher (kohlberg kravis roberts), simon Walker (Chief Executive, British Venture Capital Association), Chris hale (head of Private Equity, Travers smith), stephanie keen (Lovells), and Tim Jenkinson (saïd Business school). The day’s discussions, held under the Chatham house rule, yielded a frank and constructive dialogue. There is clearly much to be gained from engagement between law and business, and between practitioners and academics. We hope to make events of this type a regular occurrence in Oxford.

You can subscribe to the free University of Oxford Legal Research Paper Series (RPS). keep up with the Professor Christopher McCrudden and Dr Justine Pila edit the RPS, which is distributed by e-mail latest Oxford legal approximately six times a year. To subscribe, go to the dedicated RPS web page at www.ssrn.com/link/oxford-legal-studies.html, or research write to [email protected] 16Winter 2008/9 OxfordLECtURES, CONFERENCES, Law News SEMINARS Class Actions – Oxford Global Experience Graduate A GLOBAL PROJECt on class actions is being run by Dr Christopher Hodges, Head of the Legal CMS Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, and Professor Deborah Hensler of Stanford Research Law School. Collective redress mechanisms have been appearing in many jurisdictions Conference around the world, and an overview was needed on why, what, and how. the THE SECOND ANNUAL Oxford Graduate conference in December 2007 attracted 180 Legal Research Conference was held on judges, scholars, practitioners, and legislators 21 and 22 April 2008 at Corpus Christi from all continents, and the proceedings were published in early 2009 by the American College, Oxford. This is an exciting Faculty Academy of Political and Social Sciences. initiative which gives all rst-year research The project has produced national reports students the opportunity to present and on class and representative actions from discuss their research methodology to thirty jurisdictions, and rising, which are those in the Faculty. available together with updates at: www. globalclassactions.stanford.edu/ The Oxford Law Faculty has the largest A global network of academics working in community of graduate research students the fi eld has been established, 35 of whom met in the common law world, and they work again in oxford in December 2008. In addition to on a very diverse range of legal topics. providing analysis of how differing mechanisms This conference is a showcase for the really work, important issues that have emerged relate to the inter-relation between public and private impressive talent in our research graduate enforcement of law, and the diffi cult balancing community, and the two days were full of of access to justice with controls on confl icts and energy and intellectual buzz. Sessions were abuses so as to enhance but not harm economies. chaired by research students further along oxford university Press is to publish a book by in their research and there was a discussant Hensler and Hodges on the global overview and policy considerations in 2010. for each paper. There were also sessions at Meanwhile, Dr Hodges’ book The Reform of the conference on academic career planning Class and Representative Actions in European Legal and getting your thesis published – the latter Systems: A New Approach to Collective Redress given by Richard Hart, Managing Director of in Europe was published by Hart Publishing in Hart Publishing. The nale of the conference September 2008 and launched in the European Parliament, where its conclusions were adopted was a superb keynote lecture from Professor in revisions to the Economic Committee’s Report Frederick Schauer who was at the time on the Commission’s White Paper on competition the Frank Stanton Professor of the First damages, and also appeared in the Commission’s Amendment at the John F. Kennedy School of Green Paper on consumer collective redress. Government, Harvard University and George The CMS Research Programme, established during 2008 with funding from the CMS group Eastman Visiting Professor, Balliol College, of law firms and European Justice Forum, is Oxford. His topic was ‘No, It’s Not What The also focusing on civil justice systems generally, Judge Had For Breakfast: Legal Realism especially issues of alignment within Europe. Dr without Caricature’. Magdalena Tulibacka’s analysis of ‘harmonization of European civil procedure by stealth’ through various unco-ordinated European measures will appear in 2009. The Programme is looking in depth at litigation funding and costs as well as procedural issues. A project is also being undertaken with the uK consumers’ association Which? to map and then evaluate the large number of ‘alternative’ dispute-resolution mechanisms in England and Wales, including ombudsmen, tribunals, codes of conduct, special schemes, and so on. other themes are the inter-relation between substantive and procedural law, such as the European Common Frame of Reference on contract law. Dr Tulibacka’s book Product Liability in Transition – Central European Perspectives, was published by Ashgate in January 2009 and examines the reform of civil justice systems from communism to market capitalist approaches. Steve Allen Steve

Issue thirteen 1717 OxfordtItLES OF DIStINCtION Law & HONOURS News Professor Christopher McCrudden IN RECoGNITIoN of his work in human rights law, equality and discrimination, elected to the British international and regional economic law and domestic social policy, comparative Academy constitutional and public law, and Northern Ireland constitutional developments, Professor Christopher McCrudden, Professor of Human Rights Law, university of oxford and Fellow of Lincoln College was elected to the British Academy in 2008.

Professor Vaughan Lowe QC honoured Three Visiting with Japanese Order of Rising Sun Professors appointed at uNSW

LUCIA ZEDNER, Joshua Getzler, and James Edelman have been appointed as Conjoint Professors (i.e visiting Professors) in the Faculty of Law, University of New South Wales (UNSW). the appointments consolidate the excellent academic relations between the Oxford Law Faculty and UNSW, and deepen the bond between law in Australia and law in Oxford. James Edelman has been involved with uNSW since 2004 as a member of their Private Law Policy and Research Group. In 2004, together with Associate Professor Simone Degeling from uNSW, he organized a conference, hosted by uNSW, entitled ‘Equity in Commercial Law’. In 2007, a second conference was organized entitled ‘unjust Enrichment in Commercial Law’. Both these conferences gave rise to books of essays, and a number of these have now been cited by courts in common law jurisdictions. Many members of the Law Faculty and oxford university alumni were present at the 2007 conference, with some delivering papers. In December 2010, Simone and James are looking to organize the third conference in the Vaughan Lowe, his wife, Sally and some of their children, and HE Ambassador Shin Ebihara and Mrs Ebihara series entitled ‘Torts and Wrongdoing in Commercial Law’, which will again be VAUGHAN LOWE, Chichele Professor of Public International Law (All Souls), hosted by uNSW. has received the Japanese Order of Rising Sun, Gold rays with neckband. His Lucia Zedner is now supervising her fi rst Excellency Shin Ebihara, the Japanese Ambassador in London, made the DPhil student from uNSW, James ogg, a award at a dinner held at the Ambassador’s residence on 28 November. The student she fi rst met when visiting, and award was made in recognition of Vaughan Lowe’s promotion of relations who is now at oxford writing a thesis on between British and Japanese international lawyers, and his work advising the the Serious Crime Act 2007. Japanese Government on international law matters, and as counsel for Japan Joshua Getzler taught a class in trusts in cases in international courts. Expressing his gratitude for the honour and and presented research on the history his admiration for Japanese legal scholarship, Lowe speculated on the links of company law to the faculty at uNSW between the legal traditions in the two countries, both small islands sitting in 2007, as well as participating in the off large continents. Earlier in the year Lowe became a QC, and was elected a 2007 conference organized by James Bencher of Gray’s Inn. and Simone. Joshua and Lucia will be spending time at uNSW again in 2009, www.uk.emb-japan.go.jp/en/japanUK/decoration/081212lowe.html and Simone will be researching in oxford for part of 2009.

Excellence in Teaching Awards tHE LAW FACULty is delighted to The scheme recognizes outstanding our congratulations go to: Julie Dickson, report that four Faculty members have teaching, commitment to teaching, Louise Gullifer, Jeffrey Hackney, and been selected to receive Excellence in teaching development, and innovations Peter Mirfi eld. teaching awards. in teaching practice. 18Winter 2008/9 OxfordARRIvALS Law AND DEPARtURESNews Professor Barbara Lauriat Elizabeth ogden Sarooshi elected to ASIL

PRoFESSoR DAN SARooSHI was elected to membership of the Executive Council of the American Society of International Law (ASIL) for a three-year term at the 2008 ASIL Annual Conference. Sarooshi is Professor of Public International Law in the Law Faculty and a Fellow of The Queen’s College, and his books have been awarded the ASIL Certifi cate of IT WAS A CouP for the Faculty ELIZABETH oGDEN became the Merit book prize in 1999 and again in 2006. to create a Career Development Faculty’s Head of Administration Fellowship in IP, and a further coup in october 2008. Elizabeth to appoint Barbara Lauriat as its came to oxford from the fi rst postholder. open university, where she Titles of Barbara has a BA in Classical had overseen the merger of Civilizations and History, and a the very large departments of Distinction JD from the united States, and is mathematics and computing. As OxFORD LAW FACULty is currently reading for the DPhil at the Law Faculty has developed its Balliol College. Her area of research role in this decade as a focus for pleased to announce four new is nineteenth-century copyright Law in oxford, the role of Head professorships and nine new history in general, and the history of Administration has evolved. readerships. Congratulations of the 1878 Royal Commission on Today, Elizabeth leads a team of to those Faculty members who Copyright in particular, refl ecting more than twenty administrative, have been awarded titles in the her combined interests in Copyright, clerical, IT, and fi nancial staff, University’s biannual Recognition History, and the individual members providing services that integrate of Distinction exercise: of the Commission itself (read: teaching and research in the Anthony Trollope). Before coming to colleges and the university. oxford in 2006 she held various law- These services include the co-  John Cartwright, Professor of the related posts, including clerking for ordination of undergraduate Law of Contract the New Hampshire Superior Court admissions by the thirty law and researching copyright history as colleges, the website, fi nance  Sionaidh Douglas-Scott, Professor a Visiting Scholar at the university and personnel, examinations, of European and Human Rights of British Columbia. At oxford she IT and research skills training Law has held the post of General Editor for students, support for of the ouCLJ, and in 2007/8 was conferences, and support for  James Edelman, Professor of the our Graduate Teaching Assistant in research by Faculty members. Law of obligations IP. This year she is teaching on the FHS Copyright & Trade Marks option  Stefan talmon, Professor of Public and co-convening with me the IP International Law Centre’s invited speaker seminar Also new to the Faculty Admin series. She will also play a central team recently are… role in the Centre’s 2009 Moot, by  Mary Bosworth, Reader in organizing the inaugural oxford IP  Steve Allen Criminology Conversazione; a role for which she Web Designer/Developer is perfectly suited on account of her  Ros Burnett, Reader in prior involvement in the Boston-  Emma Gascoigne Criminology Melbourne-oxford-Vancouver Personnel Offi cer Conversazione on Culture and  Liz Fisher, Reader in Society.  Jackie Hall Environmental Law As Barbara’s DPhil supervisor, Finance Assistant I was particularly pleased to see  Louise Gullifer, Reader in her appointed to the CDF. I have  Chris Leese Commercial Law also greatly enjoyed having her as Development Offi cer a member of the Senior Common  Dori Kimel, Reader in Legal Theory Room at my own college, St  Michelle Robb  Ben McFarlane, Reader in Property Catherine’s, where I have admired Executive Assistant to the Dean Law (among other things) the ease with which she is able to work And we bid farewell to…  Jenny Payne, Reader in Company nineteenth-century literature Law into any lunchtime conversation,  Emma Rampton, the former as well as many other personal Head of Adminstration in  Bill Swadling, Reader in Property talents of which I was not the Faculty, who has been Law previously aware, such as her great appointed to a key role at the facility with composing limericks. heart of the university’s central  Katja Ziegler, Reader in European administration, as Head of the and Comparative Law Justine Pila Council Secretariat. Issue thirteen 1919 OxfordARRIvALS… Law News Nicole Stremlau DR NICoLE STREMLAu has been appointed as Coordinator of the Programme in Comparative Media Law and Policy and Research Fellow at the Centre for Socio-Legal Studies. She completed her doctoral work at the London School of Economics after extensive fi eldwork in the Horn of Africa. Her research interests are in media law and policy in war/post- war and transition situations. She is currently engaged in a research project on media policy and fl ows of information in Somaliland, and is co-authoring a book of oral histories of guerrilla fi ghters who later became journalists in Eastern Africa. Jeff King MR JEFF KING has been appointed to a four-year CuF Phil Clark Fellowship in Law at Balliol College. A philosophy graduate DR PHIL CLARK has been appointed of the university of ottawa, Jeff Foundation Research Fellow in Courts took the BCL and LLB at McGill, and Public Policy at the Centre for and the MSt in oxford. He has Socio-Legal Studies. He has a DPhil worked in Montreal, New York, in Politics from Balliol College and his and Geneva in legal practice doctoral research, based on extensive and social rights advocacy, fi eldwork, explored issues of post- and is completing a DPhil on genocide justice and reconciliation ‘The Role of Courts in Welfare in Rwanda, focusing on the gacaca Adjudication’. community courts. He is author of a forthcoming book on the International Criminal Court and national and community-level institutions in the Very new arrivals Democratic Republic of Congo and uganda, and he is co-editor of After  Pavlos and Rachel Genocide: Transitional Justice, Post- Eleftheriadis Confl ict Reconstruction and Reconciliation welcomed their in Rwanda and Beyond, New York: second child, Iris Nora Columbia university Press, 2009. Despoina in May.  James Edelman and Sarah Percy Cristina Parau announced the welcome addition, DR CRISTINA PARAu has joined the Tatiana Elsie Percy Centre for Socio-Legal Studies as Edelman, born 9 a British Academy Post-Doctoral March. Research Fellow. She is investigating,  A little earlier than over time and across Eastern European expected, Glen countries, the development of those Loutzenhiser and institutions, formal and informal, that Eleanor Norton are supposed to insulate the judiciary were delighted to from political interference by the announce the arrival Executive. She is author of numerous of Toby James Norton articles on Europeanization, the Loutzenhiser on empowerment of civil society, and Eu the 24 November, accession. weighing in at a bumper 11lbs 2oz.  Chris and Elizabeth Andrew Higgins Leese welcomed George Henry just ANDREW HIGGINS is a graduate of parents proud pics by fi ve days after Chris the university of Melbourne (BA/LLB) from top: began as our new Iris, Tatiana, and and completed the BCL in 2005. He George Development offi cer worked as a solicitor in Melbourne for at the Law Faculty last fi ve years, specializing in tort litigation. January. He is currently completing a DPhil on  Ariel Ezrachi and ‘Legal Professional Privilege’. His main wife on birth of their research interests are civil procedure second child, Guy. and tort. 20Winter 2008/9 Oxford Law…AND DEPARtURES News Hats off to You, Ann Kennedy Dan Prentice Professor Vaver! ON SAtURDAy 19 January 2008, a lunch was held PROFESSOR DAvID vAvER in Lady Margaret Hall to retired from his teaching career mark the retirement of Ann at Oxford in December 2007, Kennedy as Fellow and tutor after almost four decades as an in Law at the college. Ann has academic lawyer (1968, 1972– been at LMH as Law tutor for 78: University of Auckland; 33 years, and her ex-students 1978–85: University of British and colleagues fl ocked back Columbia; 1985–98: Osgoode to pay their tributes to her. Hall Law School; 1998–2007: University of Oxford; with

various visiting professorships College Courtesy of Pembroke including at Monash University, University of Sydney, and At tHE END OF September 2008 Dan the National University of Prentice retired from his tenure as the Singapore, to name a few). inaugural Allen & Overy Professor of He came to oxford in 1998 Corporate Law. He has been a Fellow of to assume the Reuters Chair as Pembroke College and a member of the Professor of Intellectual Property Law Faculty (as a Lecturer, Reader, and and Information Technology Law, then Professor) since 1973. and continues as oxford Emeritus As a Fellow of Pembroke he taught Professor, active in the worldwide undergraduates (not only Company law IP community. but also Contract, Trusts and Land law) It was an enormous privilege and postgraduates, and made a signifi cant to have been his student. An Hall Courtesy Margaret of Lady contribution to the running of the college, understatement indeed. For including undertaking a number of Professor Vaver not only taught law The main speaker, Andrew important college roles, such as that of at oxford, he imparted a passion Burrows, spoke of her Dean. He also had a long-standing role for learning the law, challenging legendary status among LMH looking after the interests of postgraduate it, building on it, and imparting lawyers and of her unswerving students which earned him both the the passion for it in turn. He also loyalty and devotion to her gratitude and affection of his students. As demonstrated his passion for it all students. He also recounted a Faculty member he has taught Company by example, through his own work. several of the more amusing law, Corporate Finance and Corporate As the Director at the oxford incidents from when they Insolvency, and has supervised countless Intellectual Property Research had been college colleagues corporate law dissertations. As a qualifi ed Centre, he nurtured an IP together in the late 1980s and barrister with an active practice at Erskine community within oxford and well early 1990s. Ann, with some Chambers, Dan has been able to offer beyond. The Centre, which hosted reluctance, spoke in reply and students an invaluable insight into both an excellent weekly seminar series received rapturous applause. the academic and practical aspects of and housed an extensive IP library LMH has been privileged corporate law. including Prof Vaver’s private to have had Ann Kennedy During his time at oxford Dan has collection, was an engaging as its main law tutor over made a huge contribution to scholarship hub that attracted scholars from these years and the Faculty in Company law. He has written several around the world. His annual IP and the university have also books and many infl uential articles. He Symposium and International IP benefi ted hugely from her is the consulting editor of Buckley on the Moot, co-hosted until 2008 with teaching and administrative Companies Acts, a major practitioner text the IP Institute, and his Mock Trials, skills. Most recently, she has which is regularly used by the courts, and became fi xtures on the calendars been the Faculty’s Director of he has been the editor of Butterworths of academics, practitioners, and Examinations, and has created Company Law Cases since they were judges alike. an entirely new assessment fi rst published in 1983. His thinking The passion he inspires for IP system for the new oxford has also been infl uential in legislative continues. Beyond bricks and Diploma in Intellectual developments (in particular the abolition mortar, the IP community he Property Law and Practice, of the ultra vires rule in company law, on has built continues to thrive which the Faculty is providing which he produced a highly infl uential through contributions to a in co-operation with the IP report for the DTI in 1986). Dan has acted Festschrift (to be published Lawyers’ Association. as a consultant to the Law Commission of by Hart Publishing) which will The Faculty joins with England and Wales, and as a consultant to honour his work, through his LMH in wishing her every the European Commission on corporate involvement back at osgoode happiness and contentment in law issues. He has also served as a Hall Law School in its newly her well-earned retirement. member of the Law Society’s Company established electronic IPigram, Law Committee and its Insolvency Law and through the passionate Committee for many years. In addition dialogue on IP continued among to his own writing, Dan has also been for and initiated by all those he has some years an assistant editor on the Law inspired, as evident in the works Quarterly Review. of his four decades of students Since his retirement Dan has continued worldwide, and their students. to be very active in corporate law, including our profound thanks to you, teaching, both at oxford and uCL, and Professor Vaver. continuing with his practice at the Bar. The Faculty would like to wish Dan a happy (if Dr Catherine W. Ng busy) retirement. Issue thirteen 2121 OxfordSCHOLARSHIPS Law News Student funding oxford’s Weidenfeld Scholarships The faculty is enormously grateful to donors who have support tomorrow’s leaders enabled us to extend the range CHILD POvERty, climate change, business, politics, and the media to bridge and value of our graduate and organized crime are some of international and inter-communal divides. scholarships. in addition the issues concerning this year’s Lord Weidenfeld said: ‘With the cohort of Weidenfeld Scholars at recent selection by a distinguished to considering enhancing Oxford University. Named in honour international panel of the second cohort the funding for our open of Lord Weidenfeld, who has been of Weidenfeld Scholars, an experiment responsible for some of the University’s has become reality. It has truly been a competitions, i also hope that most important benefactions, the moving experience for me – and the fi rms and chambers might Weidenfeld Scholarships were offi cially fulfi lment of a lifelong dream – to help launched in March 2007 to provide form a cadre of future leaders from parts begin to think about the funding fi nancial support to outstanding of the world where educational and of the BCL or MJur as part of graduates pursuing postgraduate leadership opportunities have not always studies at Oxford. the Scholars are also been abundant. Getting to know the their graduate recruitment, in selected for their proven commitment impressive qualifi cations and outstanding much the same way that they to promoting social, economic, and characters of these talented young people political development in their own has convinced me that the Institute for provide funding to trainees or countries, and for their potential as Strategic Dialogue and oxford university pupils to complete the BVC, the future leaders in their chosen careers. are every bit as fortunate as the Scholars In April 2008, 11 male and 17 female themselves to be part of this special LPC, or a law conversion course. Scholars were selected for the 2008–2009 relationship.’ if anybody would like to discuss cohort, joining fi ve Scholars from 2007– The Weidenfeld Scholarships are 2008 who are continuing their studies at designed to complement the university’s the possibility of funding BCL or oxford. These outstanding new Scholars existing range of scholarships, including MJur places in this way, please range in age from 22 to 30 and hail from the famous Rhodes Scholarships. The 17 countries including Jordan, Russia, Scholars receive fi nancial support to cover do get in touch. Slovenia, Tajikistan, and ukraine. Five all university tuition fees and living costs Scholars from the united States have – amounting to approximately £25,000 Edwin Peel also been selected in order to promote per annum for each student. The scheme Director of Graduate Studies transatlantic networking amongst these also provides the Scholars with an array of future young leaders. extra-curricular leadership-level activities. (Taught Courses) The Weidenfeld Scholarships and For more information about the Leadership Programme is an initiative Weidenfeld Scholarships, see: of Lord Weidenfeld’s London-based www.admin.ox.ac.uk/io/funding/ think tank, the Institute for Strategic weidenfeld.shtml Dialogue, which works with leaders in The Fountain Court Chambers Graduate Graduate Scholarships Law Scholarship FOR tHE ACADEMIC year 2008–2009, through the generosity of its many WE ARE DELIGHtED to announce that benefactors, the Faculty was able to award 13 graduate scholarships, as well as Fountain Court Chambers in London has making a further 11 awards through the graduate assistance fund. In total a sum of generously funded an annual graduate £136,300 was awarded to taught and research students. law scholarship at Oxford. Welcome additions to the Faculty’s array of scholarships for 2008–2009 were the The scholarship, worth £10,000 annually, Fountain Court Scholarship, and studentships made available through the Allan Myers will be given for a student to undertake fund for graduates of Melbourne university School of Law admitted to taught and either the BCL/MJur one-year taught research courses in law here in oxford. course or a year of a DPhil. As far as we These complemented a number of existing sources of graduate funding, to which are aware, this is the fi rst scholarship in law fi rms are notable contributors: Freshfi elds, Brookhaus and Deringer offers fi ve the uK supporting a postgraduate degree studentships of £5,000 each, available to Home/Eu students taking the BCL/MJur or funded by a set of barristers’ chambers. It a one-year research degree; the uNIDRoIT Scholarship offers £5,000 to be held by refl ects oxford Law’s desire to maintain an existing doctoral student, who is encouraged to spend a period of study at the its reputation for offering world-class International Institute for the unifi cation of Private Law (uNIDRoIT) in Rome; and postgraduate legal programmes in the Linklaters offers a single studentship worth £15,000, available to Home/Eu or overseas face of increasing competition from North students taking the BCL degree. American universities. It is hoped that This impressive and growing range of scholarships still does not meet the demand. other sets of chambers may be encouraged For every scholarship holder, there were fi ve unsuccessful applications, and had the to follow the imaginative lead given resources been available, the graduate scholarships committee could comfortably by Fountain Court. The Fountain Court have doubled the number of awards made with no signifi cant diminution in the Chambers Graduate Law Scholarship quality of the award holders. oxford is competing for the best graduate students was advertised for the fi rst time for the with American law schools that offer fi nancial aid to all graduates who need it. academic year 2008–2009, with Joseph Consequently, the securing of more graduate funding is a strategic priority for the Harrington as the fi rst recipient. Faculty and its development team.

22Winter 2008/9 Oxford Law NewsMOOtS ‘The rhodes Oxford represent United Kingdom scholarships facilitate in 2008 Shearman & Sterling the exchange of ideas International Jessup Finals among individuals who uK 2008 White & Case Jessup National Rounds are not only committed to scholarship, but also committed to using their talents to impact the world around them. My experience at Oxford is helping to mould my plans to contribute to the protection of women’s

rights in Jamaica.’ COMING ON tHE back of ranking Sunday 24 February 2008. third in the National Rounds in As the top two teams in the united Se-shauna Wheatle 2007 and making the Octo-Finals in Kingdom, oxford and uCL progressed to Washington DC, Oxford achieved even Washington DC, where both universities greater success in Jessup mooting performed extremely well. oxford and in 2008 by winning the UK Jessup uCL both placed within the top 24 teams ‘Becoming a barrister Championship. the Jessup moot is the which progressed to the advanced world’s largest mooting competition rounds of the competition. In the run-off is a fi nancially and involves almost 600 universities rounds, oxford was eliminated by Cornell worldwide. As a representative of the university in a fi nely balanced moot in onerous undertaking UK, Oxford progressed to Washington which the two teams were separated by DC for the 2008 Jessup World Mooting only two points. The competition was and spending a year Championship where the team ultimately won by Case Western Law ultimately ranked 19th in the world, School, which defeated the university of in postgraduate and the team’s memorials (written New South Wales (Australia) in the World submissions) placed sixth overall. In Championship Round. education is not addition to the team’s international There were two particularly strong marks accolades, in the UK competition Oxford of this year’s achievement. The fi rst was cheap. The fountain won the Best Memorials Award for their that in a tough semi-fi nal in the domestic 25,000 word memorials, Colin Liew won rounds, the oxford team defeated King’s Court award, therefore, the Best Speaker’s Award in the fi nal College London who were the world round, and Lijing tham ranked eighth in runners-up in Washington last year. The may well be of the Overall Individual Oralist Results. second major achievement involved The 2008 case concerned hot issues overcoming administrative adversity. over immense benefi t in public international law: illegal the Michaelmas vacation, the team had apprehensions and renditions of suspects been divided into two oralists and three to those wishing to of terrorist activities; the extra-territorial researchers. The oralists had undergone effect of human rights conventions; dozens of practice moots in preparation to proceed with both an torture and cruel, inhuman, and degrading argue either the applicant or respondent treatment as means of extracting side, depending on the outcome of the Oxford masters and information to combat international draw. The researchers were primarily terrorism; and the immunity of former responsible for preparing oxford’s 25,000 professional training: Heads of State and other State offi cials word memorials and assisting the oralists for acts of torture. under the outstanding in developing their arguments. only three it can certainly coaching and stewardship of Paschalis days before the competition the team Paschalidis (Harris Manchester) and discovered that in one of the preliminary transform a trying and Andrew Lodder (Madgalen), who have rounds oxford were required to moot both previously represented Greece and applicant and respondent at the same time bothersome fork in the Australia respectively in Washington for in different rooms. This meant that, without Jessup Mooting, our two oralists, Colin Liew any mooting preparation at all, two of the road into a straighter (St Peter’s) and Lijing Tham (Madgalen), researchers, Michael Firth and Alexander and three researchers, Michael Firth Mehra, were required to moot. Fortunately, and smoother path.’ (Exeter), Alexander Mehra (Exeter), and although they had not been on their feet, Panagiotis Georgilis (Lincoln), beat uCL in they knew the law backwards. They won. Joseph Harrington the grand fi nal of the uK National Rounds, which took place in Gray’s Inn, London, on James Edelman Issue thirteen 2323 OxfordMOOtS Law News 6th Annual International Intellectual undergraduate Property Moot at Worcester College Oxford Inter-Collegiate 15–16 March 2008 (Cuppers) tHE DELIGHtS OF the the Court gave its unanimous All the mooters stayed in Mooting English weather failed to judgment, with the three College for the duration of the dampen the spirit of the 23 judges each giving the court’s moot. They were thus able to Competition teams who attended the 6th reasons on different aspects mingle and make new friends, International Intellectual of the case. All remarked on helped by an entertaining tHE yEAR 2008 saw the Property Moot this year at the high standard of mooting pub quiz on the Saturday introduction of inter- Worcester College in the and congratulated both night, expertly run by Simon college mooting ‘cuppers’ University of Oxford. fi nalist teams on their stellar Pritchard and Simon Sellars, for undergraduates. Many This annual event, the performance. The award for two previous mooters and colleges have their own biggest ever in the history of best mooting team was given oC members who continue mooting competitions and the competition, was a great to the National university of supporting the event now that the mooting cuppers is a success. Teams came from Singapore, represented by the they have gone into practice. ‘best of the best’ competition across the world to compete in all-women team of Liu Zeming The Gala Awards Dinner between colleges. what is a recognised highlight and Nuraisah Ruslan. Matthew brought the weekend to a The fi rst two rounds of the of the IP calendar. Canzer and Sarah Ng from the fi tting climax on the Sunday competition are in Michaelmas The initial rounds, university of British Columbia evening with 110 people Term, followed by quarter-fi nals, judged by experienced IP were runners-up. Both teams feasting within the stately hall semi-fi nals, and a grand fi nal practitioners and academics, were then privileged to a of Worcester College. in Hilary Term to be judged by were strongly contested, with private wide-ranging seminar The Moot Competition has Lord Mance. the Queensland university on law and advocacy with the increased in size and stature A key aim of the cuppers of Technology, university of three judges. each year, thanks largely to competition is participation. Edinburgh, National university The prize for best written the support of sponsors, who The fi rst-round problem focuses of Singapore, university of submission went to Niall give generously in money and on criminal law to encourage British Columbia, university of o’Huiginn and Garry Wynne in the time and effort they freshers to moot, and the Hong Kong, university College from university College put into judging the written timing of the elimination Dublin, university of Aberdeen, Dublin. The Sir Nicholas submissions and the oral rounds in Hilary Term enables and university College London Pumfrey Memorial Prize for arguments over the two-day fi nalists to take part. Seventeen progressing to the quarter fi nals. Best Individual Mooter was event. The large group of colleges have entered the The semi-fi nals were even presented to Ben Fraser of students and lawyers who inaugural contest, and the more closely fought. The the Queensland university acted as clerks throughout the undergraduates have embraced Canadian team from the of Technology. Special prizes weekend is also owed a special the competition with great university of British Columbia for advocacy were awarded vote of thanks. The organizing enthusiasm. managed to pip Edinburgh to Alvin Yu Hin Cheung Committee of Laura MacPhee, Within oxford, law students at the post, while the (university of Hong Kong), Stephanie Cummings, Shawn now generally experience or Singaporeans also narrowly Emmanuelle Lanfray and Carrington, Alison Slade, watch mooting every term. As triumphed over the team from Marjorie Teisseire (université Maxine Vaver, Sophie Palmer, a university-wide competition, Hong Kong. de Nantes), Mohamed Shamir and Karen Clayton also put mooting cuppers complements Lord Justice Mummery, Zavahir and Viran Fernando in endless hours to ensure the Shearman and Sterling Lord Justice Jacob, and (Sri Lanka Law College), the event ran without a hitch LLP university of oxford Moot Mr Justice Floyd sat as the Niall o’Huiginn and Garry and, as importantly, that a Competition, which brings Supreme Court of Erehwon to Wynne (university College good time was had by all. together undergraduates judge the fi nal between the Dublin), and Simon Bradshaw The feedback from mooters and graduates and is judged university of British Columbia (university of Edinburgh). and judges alike shows that by Faculty, senior partners of and the National university of The organizing Committee’s something is being done right! Shearman & Sterling LLP, and Singapore to a standing-room- prize for the team that best senior members of the judiciary. only house in the splendid embodied the spirit of the Sophie Palmer The mooting cuppers surroundings of the Linbury moot went to Steven Fletcher Chair of the Organizing competition will hopefully Room at Worcester College. and Ross Cronie (Liverpool Committee feed the success that oxford After hearing each mooter, John Moores university). Keble College has had in external mooting competitions. oxford has represented the uK for the uKELA Student Mooting Competition last two years in Washington DC in the Jessup International FOR tHE SECOND year running Oxford Law Mooting Competition. undergraduate law students have won the We have also fared very well UK Environmental Law Association Student in the Roman Law Moot, the Mooting Competition. WLR Mooting Competition, Mark Stiggelbout (Corpus Christi) and Ruth the Essex Court Moot, and Hudson (Trinity) were the successful mooters the ouP & BPP Mooting before Justice Carnwath. They represented Competition (winning the latter the Newt Protection Agency in a judicial in 2006). The appointment of review challenge to a decision of the Agency two experienced graduate designating an area as a site of special scientifi c students as Faculty Mooting Co- interest by reason of a population of great ordinators, Benjamin Spagnolo crested newts living on it. This is a particularly and Paschalis Paschalidis, will exciting win as this is only the second year that help to ensure the continued Environmental Law has been offered as an success of the intense regime of

undergraduate option in the Law Faculty. Courtesy of www.ukela.org mooting at oxford. 24Winter 2008/9 Oxford Law NewsMOOtS 1st International Roman Law Moot International Court Competition & Conference Media Law Moot In memoriam Professor P. Zepos FOLLOWING A vERy successful inaugural 2008 edition of the Price International Media Law Moot Court Competition, the Second Price Moot Competition is scheduled to take place in Oxford in March 2009. the competition is organized by the Programme in Comparative Media Law and Policy at the Centre for Socio-Legal Studies. In the 2008 competition, students from Africa, Asia, and Europe had their arguments challenged and tested by leading media law experts during the oral fi nals in oxford. one participating student from Sierra tHE 1ST International Roman Law Moot students also had the chance to attend Leone said, ‘The competition was a Court Competition & Conference took a conference by academics offered in defi ning moment in my life’. place in Kavala and Philippi, Greece, the memory of Professor Zepos. Several At the 2009 competition many 18–22 April 2008. Oxford, Cambridge, contributions were made on the topic of internationally recognized media trier, and Liège competed against the legal status of women in marriage. law experts will be acting as each other over an imaginary case Apart from the academic aspect of judges, including: Judge Dean involving complex issues of Roman the moot and conference, everyone Spielmann and Judge Andras private law. Oxford and Cambridge very much enjoyed visiting Kavala and Sajo from the European Court of were the two teams to reach the fi nal, Philippi, and in particular the beautiful Human Rights, Ms Gugu Moyo from which was conducted in the ruins of and evocative Imaret. This event has the International Bar Association, the Roman forum of the archaeological surely done much to promote the study of Mr Mark Stephens from Finers site of Philippi. the bench consisted of Roman law within Europe by creating and Stephens Innocent, and Sir Louis our Regius Professor Boudewijn Sirks, strengthening links between universities Blom-Cooper QC. Professor Gerkens, and Professor Rüfner, that teach the subject at undergraduate Teams from Malaysia, India, China, and was chaired by Professor Willem level. Thanks to the Institute Mohamed Ali Jordan, and across Europe will be Zwalve from the University of Leiden. for the Research of the Eastern Tradition, competing. The purpose of the oxford won the fi nal, and a silver replica Michael Lychounas, Imaret Hotel (www. Price Moot Court Competition is to of a Byzantine cup was awarded to the imaret.gr), Mrs Anna Missirian, Paschalis expand and stimulate an interest team. The winning team was composed of Paschalidis, Zepos & Yannopoulos Athens in media law and policy among Daniel Baker (Harris Manchester), Nimneh Law Firm (www.zeya.com), the Ministry students from law and other Hyde (Brasenose), Katie Johnston (Corpus of Mercantile Marine of Greece, the Port disciplines. Christi), and Mark Stadnyk (university), Authority of Kavala, the Municipality of For more information about and was coached by Dr Helen Scott (St Kavala, the Municipality of Philippi, and the Price Moot Court, see: http:// Catherine’s) and David Kaestle (Trinity). The the Foundation Gregoriades. pricemootcourt.socleg.ox.ac.uk/

The Second Annual Clifford Chance LLP Oxford and Cambridge Roman Law Moot Competition ON SAtURDAy 14 JUNE, a determined slave, Theodora, to run the business. Four Cambridge, served as judges. In the band of Roman lawyers collected legal actions were brought. Procopius closing stages of the splendid dinner in a quiet corner of Cambridge, at instituted the actio institoria as well as the attended by about thirty people, it was Corpus Christi College’s Leckhampton actio de in rem verso against Nicetas, on the announced that the best speaker prize House. the occasion was the second basis of the doings of Theodora; Nicetas was to be shared by Anahita Patwardhan Roman Law Moot between Oxford and brought the actio mandati contraria and from oxford and James Lawson from Cambridge. At both universities, the the actio iniuriarum against Procopius, in Cambridge. The judges noted the very subject is compulsory for fi rst-year law connection with a suretyship and a rude high standard of both teams, but decided students. graffi to respectively. that, for the second time in a row, oxford was represented by Philip The two teams got the opportunity Cambridge had emerged the victors. Ahlquist, Emer Morrison, Anahita to argue both sides. Despite the rather The communis opinio was that this event Patwardhan, and Sarah Tulip, while diffi cult nature of the proceedings, the was hugely educative and enjoyable. The the Cambridge team comprised Emily strong little audience of about thirty organizers’ warmest thanks go to Clifford Wilsdon, James Lawson, Lukas Lim, and people (comprising students and teachers Chance for the support of this rather Philip Murray. from both faculties) stayed until the last, special event on the oxford–Cambridge The problem they had been posed was at times gripped by the inventive quality law calendar. a dispute between Procopius, the famous of the arguments, and at other times, sixth-century historian, and Nicetas, a local amused by the humour and drama of the Jean Meiring entrepreneur who counted amongst his teams’ delivery. Director of Studies and Fellow in Law many businesses the biggest fullonica (dry- The Regius Profesors of Civil Law from Murray Edwards College cleaner’s shop) in Constantinople. owing the two universities, Boudewijn Sirks University of Cambridge to his hectic lifestyle, Nicetas appointed a from oxford, and David Ibbetson from Issue thirteen 2525 OxfordMOOtS StUDENt Law NEWS News Shearman and Sterling Clifford Chance host event for University of Oxford Mooting Final 2008 Course II Students in Paris

IN JANUARy 2008 a fi ctitious paddler fell from his kayak after being struck by a mighty wave from an awesome Keble College rowing eight. the kayaker was a weak swimmer but despite his desperate calls for help, bystanders did not even throw him a lifebuoy. One fi ctitious bystander took photos on a mobile phone. the kayak paddler suffered serious injury which, the hypothetical trial judge found, he had a 40% chance of being spared if the lifebuoy had been thrown. on 1 February 2008, 12 teams gathered for the fi fth Shearman and Sterling oxford mooting competition to argue the appeal for the kayak paddler who sought to hold the bystander liable. The 2008 competition saw sixty entries (a total of 120 students) compete for these 12 places. over the course of the day the 12 teams were reduced to a Grand Final of two. The moot courtroom was packed with over 100 spectators, and the fi nal was fi lmed for future training. The judge At the Clifford Chance offi ces presiding was Justice Ross Cranston, a former oxford alumnus now sitting on ON 15 MAy 2008, Clifford Chance the High Court of Justice who returned to hosted an evening for students oxford to judge the Final. Mr Jan Libicek studying in Paris on Course II, our Oxford (Harris Manchester) and Mr Kubo Macak undergraduate exchange programme. (Somerville) arguing for the kayaker, the evening, at the elegant Clifford graduate wins met Mr David Hughes (Brasenose) and Chance offi ces at Place vendôme, was Mr oliver Jones (university) for the aimed at providing information about Human Rights bystander. The moot was punctuated opportunities for English solicitors to by some amusing moments, including work in Paris, either on secondment award argument about the confl ict in English from England or as an English or dual law over whether to follow the French qualifi ed solicitor in Paris. It also tHE LAW SOCIEty has presented approach which recognizes liability for provided students with the chance to awards to the winners of this year’s omissions or the Australian approach fi nd out more about Clifford Chance. Graham turnbull essay competition. which recognizes liability for omissions. The evening consisted of a tour of the The competition, open to all law Perhaps succumbing to a greater desire offi ces, followed by a presentation by a students, trainee solicitors, pupil to follow an Australian lead than to senior partner and then informal drinks barristers, and newly qualified solicitors oppose a French one, in an amusing and with Clifford Chance solicitors, both and barristers in England and Wales, satirical mock judgment the Australian- English and French. is run by the International Human born Justice Cranston found for the Clifford Chance has had links with this Rights Committee of the Law Society Appellants and held the bystander liable. Course in particular for a while and they and the Junior Lawyers Division. Its The Shearman trophy for the best team donate a generous grant to students in namesake was a British solicitor killed was awarded to the Respondents. order to fund their studies abroad. The while working for the uN in Rwanda evening gave both sides a chance to meet eight years ago. Ian Clarke, a university in person for the fi rst time in Paris, and of oxford graduate originally from students on Course II now have a point of Lancashire, won the top prize. He contact should they ever wish to return to was called to the Bar in 2005 and is Paris to practise law in future. currently working as in-house counsel at It is hoped that this successful link Berrymans Lace Mawer Solicitors. between the Law Faculty and Clifford Andrew Holroyd, president of the Law Chance will continue in future and prove Society, said the standard of entries was to be an invaluable source of information very high. He added, ‘Lawyers have a for oxford students in Paris. proud tradition of fighting for human rights across the world, improving access Minesh Tanna to justice and alleviating the suffering of people less fortunate than them. This (l–r) James Edelman (Fellow, Keble), Jo Rickard (S&S), Oxford students: competition is a very a fitting legacy Michael McGowan (S&S), David Hughes (Brasenose), Mary Jones to Graham Turnbull’s commitment to Oliver Jones (University), Mr Justice Cranston, Adrian Forster Professor Timothy Endicott (Dean of Law), Jan Libicek uxshely Chotai Natasha Harrington human rights work’. (Harris Manchester), Kubo Macak (Somerville), Judy Emma Fenn James Tanner This year’s essay title was: ‘Is human Mackenzie (S&S), Donal Nolan (Vice-Chair, Law Board). Bethan Prince Minesh Tanna rights law relevant in combating poverty Hannah White Lindsey Wright and social injustice?’ Nia Parry-Jones 26Winter 2008/9 Oxford LawStUDENt News NEWS Sutton Trust Student Summer visits School iT is ALWAys a very happy and IN JULY 2008, we unforgettable time exploring doubled the programme historical and meaningful sites for able students with classmates. so far this year from disadvantaged we have visited the house of Lords, backgrounds. the Privy Council and the royal With the support of the Courts of Justice in London, the Sutton Trust, we provided iCJ, the iCC, and the iCTy in The two one-week programmes hague, the netherlands. We are of tuition and exciting more than welcomed everywhere events rather than one, we visit. We received briefi ngs with sixty students rather from the offi cers on the function than 25. The students had and history of the organizations lectures, seminars, and and attended various hearings. talks on University life We also had opportunities to from 12 Faculty members, meet judges in person and have with support from ve discussions with them. At the iCJ, student mentors, who took we happened to meet a research them to visit the courts in student from Oxford, who was Oxford and London. It was doing an internship there. We had ‘a brilliant week which is a wonderful experience and i think essential for students who it was one of the most enjoyable have stereotypical views of events i have encountered since Oxford’, according to one of coming to Oxford. this year’s students.

Jon, Woo-jung

Law student in Musician of the Year fi nals Thomas ANKE BAtty WAS in her fi rst year Cromwell, at Oxford University studying Law with Law Studies in Europe when she Judge of the reached the fi nals of the BBC’s young Musician of the year competition 2008. Clarinet is only one of Anke’s many Supreme talents; she has also achieved Grade 8 distinction in Singing, Piano, and Court of Saxophone, while at King Edward vI School in Southampton. Canada A member of the National Youth orchestra for seven years, she was co- In December 2008, the Prime principal clarinettist during the 2006–2007 Minister of Canada appointed season and is currently Principal Clarinet Exeter BCL alumnus Thomas of the oxford university orchestra. When Cromwell to the Supreme she can fi nd the time, Anke enjoys tennis, Court of Canada. The Court swimming, and scuba diving, and she owns had been lacking Oxford an African Grey Parrot who likes Messiaen alumni since Gerard Laforest and Poulenc and will copy Anke’s scales, retired in 1997. At present, particularly minor arpeggios! two of seven Australian High Court Justices are Oxford alumni, as well as two of nine United States Supreme Court ‘Lawyers have a proud Justices, and seven of twelve Law Lords in the United tradition of fi ghting for Kingdom. human rights across the www.scc-csc.gc.ca/ court-cour/ju/cromwell/ world’ index-eng.asp Issue thirteen 2727 OxfordPUBLICAtIONS Law News Winners of the fi rst Inner SLS Book Prize DR LIZ FISHER has temple Book Prize won the Society of Legal Scholars’ 2008 At the Awards Ceremony on 2 December 2008 at the Inner Peter Birks Prize for Temple, The Rt. Hon. Lord Justice Rix announced the winners of Outstanding Legal Scholarship for her the Inn’s new prizes for outstanding legal authorship. book Risk Regulation and Administrative Constitutionalism A DIStINGUISHED PANEL of judges, chaired by the Rt. Hon. the Lord Woolf of (Hart Publishing, 2007). the Society is Barnes, had sifted and considered 79 entries in total for the two prizes. the the learned society for those who teach judging panel was looking for works which make ‘an outstanding scholarly law in a university or similar institution contribution to the understanding of the law’, as administered in England and or who are otherwise engaged in Wales. Presentations were made to the winning authors by the treasurer, the legal scholarship, and has over 2,900 Rt. Hon. Sir Anthony May. members. A number of other Faculty the £10,000 prize went members have won this book prize in to Child Abuse: Law and the past including Joshua Getzler (2005), Policy across the Boundaries Jamie Edelman (2003), and Lucia Zedner (2007) by Laura Hoyano and Andy Burrows (1993). and Caroline Keenan Fisher’s book is an interdisciplinary (Oxford University Press). analysis of technological risk disputes. She the Rt. Hon. Lord Justice argues for a radical reinterpretation of such Rix said of the winning disputes so that law and understandings book: of public administration are understood ‘Judges have described to be important. In reviews the book has this as a “masterly book on a been described as ‘clearly advance[ing] hugely important subject”, our understanding of risk regulation and “an inspiring achievement”, administrative law’ and opening ‘the way (l–r) The Rt. Hon. Sir Anthony May, Laura Hoyano, Carolyn Keenan, The Rt. Hon. Lord Justice Rix and “an invaluable source to even more textured accounts of the of ideas and law, theory and relevant legal cultures’ (Tushnet, European practice”, not only for practitioner and academic but for policy-makers and indeed for Law Journal). Its ‘challenging tone and all concerned with reform and administration of the law. The panel of judges believes analytical richness’ is a source of inspiration that the book will indeed make an outstanding contribution to the formation and for anyone embarking on ‘research understanding of legal policy and thus to the administration of law in this country. They involving the wider themes of institutional unanimously agree that, of all the fi ne entries, this book most clearly satisfi es the criteria dynamics and legitimating discourses that laid down for the award of the prize.’ shape regulation’ (Meuwese, Journal of Law and Society). Legal History Prize for Professor Stefan Vogenauer Germany and Austria, CH Beck, Böhlau, and Vittorio Klostermann. Professor Vogenauer received the prize for his 2001 book Die Auslegung von Gesetzen in England und auf dem Kontinent: Eine vergleichende Untersuchung der Rechtsprechung und ihrer historischen Grundlagen, a two-volume study comparing the current approaches to statutory interpretation as well as their historical origins in English, French, German, and Eu law. At the award ceremony, Professor Jan Schröder of the university of Tübingen, speaking on behalf of the Standing Committee of the Rechtshistorikertag, praised the book as a ‘pioneering achievement’: ‘Vogenauer’s book is pathbreaking in many regards. It greatly expands our insights into the history of statutory interpretation, it refutes the The award ceremony. Professor Vogenauer (third from right) together with the members of the Standing prejudicial view of an unbridgeable gap Committee of the Deutscher Rechtshistorikertag, the organizers of the 2008 conference, and representatives of legal publishers CH Beck, Böhlau, and Vittorio Klostermann. between the legal cultures of England and the European continent, and it aptly shows StEFAN vOGENAUER, Professor of speaking countries. It has been the value of legal history for comparative Comparative Law, received the ‘Preis convened since 1927. studies. The discipline of legal history has des Deutschen Rechtshistorikertages’ The newly established prize is awarded to be grateful for this book which provides at the University of Passau on 7 for the most outstanding scholarly work it with a brilliant example of how to resolve September 2008. the ‘Deutscher in the fi eld of legal history published in seeming contradictions if the issues in Rechtshistorikertag’ is the biannual the past decade. The prize sum is provided question are simply put in their proper legal history conference for German- by three leading legal publishers from historical context.’ 28Winter 2008/9 Oxford LawPUBLICAtIONS News Christopher McCrudden, by economists, on the grounds of the Déirdre Dwyer, Buying Social Justice inefficiency of the mechanism, and the the Judicial Assessment of (oxford university Press, 2007) increased possibilities of corruption, and Expert Evidence also by lawyers, on the grounds of possible breach of international and European (Cambridge university Press, economic law. 2008) hardback Buying Social Justice is the fi rst book-length study to consider how far governments’ public procurement power can be used to advance such goals, legally. It analyses how governments in developed and developing countries use their contracting power in order to advance social equality and reduce discrimination. The book looks at the different experiences of a range of countries, Courtesy of ASIL including the united Kingdom, the united Chris McCrudden receiving the American Society of International Law’s book award States, Malaysia, Canada, and South Africa. It argues that the use of procurement in The appropriate relationship between this way, though not unproblematic, can human rights and international economic be a legitimate, effective, and legal means regulation is becoming ever more pressing of achieving social justice. Justice systems increasingly rely on expert as an issue of legal policy and practice. How In a wide-ranging and rich discussion, evidence. We are therefore obliged to justify should the tensions between these two sets the book sets the legal issues in the the courts’ ability to assess this evidence, of important goals be addressed? context of the history of such uses of particularly when the courts must resolve Governments spend huge amounts of procurement in the past, their domestic disagreements between experts, or address money buying goods and services from legal development, and the growing possible bias on the part of an expert. the private sector, and procurement is extent to which policy is regulated at the This book addresses two key questions frequently used to advance social and national, European, or international levels. in modern civil litigation: fi rst, ‘how can the human rights goals. In a recent assessment The book considers the differing roles of court, which lacks specialist knowledge, of the relationship between the international EC and WTo law in mediating the tensions assess the evidence of experts, particularly trade and human rights regimes, the united between the economic and social functions when they disagree?’ (a question which Nations offi ce of the High Commissioner of procurement, and analyses the outcomes seems to be posed more by theorists); for Human Rights drew attention to the of domestic, Eu, and international legal secondly, ‘how should we best arrange our tensions between the social and economic controversies concerning the legitimacy use of experts to assist the court in addressing uses of procurement as a key example of an of the integration of social values into issues requiring specialist knowledge?’ (a important tension between human rights procurement. In a controversial argument, question which seems to be posed more by and economic liberalization more generally, McCrudden argues that European legal practitioners). Addressing these questions and pleaded for more considered attention regulation in particular has become an requires investigation into the philosophy to be given to the diffi cult legal problems important means of accentuating the of law, epistemology, legal history, and that these tensions generate. positive and eliminating the negative comparative civil procedure. The use of procurement to advance social in both the social and economic uses of By reintegrating contemporary evidence and human rights is often condemned procurement. theory with applied philosophy, Déirdre Dwyer analyses the epistemological basis for the judicial assessment of expert evidence. Reintegrating evidence with procedure, she also examines how we might arrange Ben McFarlane, sting out of fierce disputes about who is our legal processes in order to support our the Structure of Property Law entitled to use things, and how they are epistemological and non-epistemological (Hart, 2008) entitled to use them. The book presents expectations. that system by identifying a basic structure Including analysis of the judicial assessment and showing how that structure applies, of expert evidence in civil litigation (comparing both in general and in the special field practice in England and Wales with that in the of land law. This treatment is based in united States, France, Germany, and Italy), the large part on the author’s teaching, to book also provides the fi rst detailed account oxford students, of land law, trusts, and of the historical development of English civil personal property. one distinctive (but expert evidence since the sixteenth century, controversial) feature of the book is its and the first analysis of the use of party treatment of equitable property rights: experts, single joint experts, and assessors according to the author, such rights are under the Civil Procedure Rules 1998. best seen neither as property rights nor as personal rights, but as a third form of right, uniquely well-developed in English law. Weighing in at 998 pages (1000 seemed excessive), it is very reasonably priced Wanjiru Njoya’s and accompanied by a smart website: book, Property in Work Who is entitled to use property, and how www.hartpub.co.uk/companion/ (2007), was one of three books are they entitled to use it? Those questions propertylaw/spl.html shortlisted for the Hart–SLSA are impossibly difficult to answer; but a legal system has to give it a go. This 2008 Early Career Prize, which book examines English law’s efforts. Its is a prize for the best book central claim is that English law has done emerging from PhD research. pretty well: it has developed an ordered Wanjiru is a Fellow and Tutor in and logical system, which is reasonably Law at Wadham College. successful in its main aim – to take the Issue thirteen 2929 Oxford ALUMNILaw EvENtS News Peter Birks Memorial Fund Donors north American reunion Law reception On fridAy 4 APriL 2008, The University of Oxford Law faculty, in partnership with the saïd Business Neil Andrews Mitchell McInnes school, invited law and business alumni to a drinks Andrew Bell Ewan McKendrick Jack Beatson Martin McKenna reception in new york City. Joanna Bird Gerard McMeel in the run-up to the bi-annual north American John Blackie Jennifer Mellerick Joost Blom Ernest Metzger Alumni reunion, Clifford Chance LLP hosted this Frederick Bolding Jonathon Moore reunion where over 100 alumni came to meet up British American Stephen Moriarty tobacco Mark Morrison with one another and to listen to the dean of Law, Richard Buckley vadislav Moudrykh Professor Timothy Endicott, speak about the newest Andrew Burrows David Murray David Capper Allan Myers developments within the Law faculty. Richard Card Jason Neyers Chloe Carpenter Dominic O’Sullivan Heather Caswell Jean Pierre Ouellet Cho Wing Chan Ian Outen Bernard Clutton Oxford University Law Kathleen Coleman Foundation Hugh Collins David Pannick tim Cox Georgious Petrochilos Stephen Cretney Rosalind Phelps John W Davies Dan Prentice Cecily Engle Mark Prinsley David Feldman Denise Réaume Michael Firth Giles Richardson James Flynn Amedeo Rosboch Michael Fordham Gerard Rothschild Russell Franks Michael Rush James Fryer-Spedding Philip Sales Alexandros Gavrieldes Erich Scherer Steven Gee Charles Scott Gestingthorpe trust Amy Shapiro Nigel Giffi n Duncan Sheehan James Glister Paul Shieh Wing tai Roy Goode Frans Slatter Paul Gott Lionel Smith Olav Haazen Marcus Smith Jeffrey Hackney Richard Southwell William Hancock John Stanton-Ife Richard Hawtin Mary Stokes Quentin Hay John tiley Siobán Healy Michael tugendhat Nicholas Hodgson Janet Ulph Phillipa Hopkins Graham vinter Michael Humphreys Miles Walton Michael Jewell Antony Ward Sean Jones Revd thomas Watkin Roger Kerridge Jonathan Watt-Pringle Ashrafa Khanbhai Peter Watts Pey Woan Lee Alistair Webster Wenying Li David Westcott Christopher Lewis Joanne Wicks Niels Lierow Neil Withington Julia Lock Kien Keong Wong Felicity Maher tiong Min yeo Ali Malek Rafal Zakrzewski Alexandra Marks David Zeffman Harvey McGregor

30Winter 2008/9 Oxford LawALUMNI News EvENtS Toronto Alumni India Reception fOr MAny yEArs, outstanding law students have been coming to Oxford for the BA, the BCL, and research degrees. several faculty members have visited indian law schools, on sabbatical or in response to invitations from indian law schools. One way in which the faculty of Law has become more organized in the twenty- fi rst century is that we are starting to build our vital connections with india into a two-way relationship. in november 2008 the dean, Timothy Endicott, visited india with Maureen O’neill, our development director, and Paul Burns, our Academic Administrator. As a prelude to developing co-operation in the future, they held alumni gatherings in delhi, Bangalore, and Mumbai, and spoke to leading practitioners, academics, and the Minister of Law and Justice Timothy Endicott in conversation with Pembroke graduate, Angela Swann at the University Club, Toronto about the development of legal education and of tHE LAW FACULty held its fi rst-ever toronto alumni reunion the professions in india. in Bangalore the dean in April 2008. the Dean and Professor Leslie Green, both of gave a lecture on habeas corpus and the respects whom have lived and worked in toronto, spoke at a gathering of 42 toronto lawyers, which included four judges, six in which the common law is recognizably professors, one former Prime Minister of Canada, and leaders the same in diverse jurisdictions. Professor in every branch of the Ontario legal community. Endicott and Paul Burns spoke to students about graduate studies in Law in Oxford. Our oxford Law Professionals indian lawyers, whose involvement in alumni Get Linked events has chiefl y been through the Oxford and Cambridge society, responded enthusiastically to the prospect of Oxford Law events in india. tHE FACULty HAS created the Oxford University Lawyers Group on LinkedIn. We are working on ways in which we can bring LinkedIn is a free online network of more than Oxford faculty together with indian lawyers; our 30 million professionals from around the world, representing 150 industries. aim will be to build on our enduring success in The oxford university Lawyers attracting indian students to Oxford. Group on LinkedIn will enable an international network of oxford alumni to communicate with each other, and to keep updated on the news and events offered through the Law Faculty. When you join LinkedIn, you create a profile that summarizes your professional accomplishments. Your profile helps you find – and be found by – colleagues, clients, and partners. You can add more connections by inviting contacts to join LinkedIn and connect to you. Before joining the oxford university Lawyers Group, you first need to log in to www.linkedin.com and create a profile. once you have a profile, join the oxford university Lawyers Group on LinkedIn by going to: www.linkedin.com/ groups?viewMembers=&gid=918207&sik=1231923974965

New Delhi alumni meet Professor Endicott and Paul Burns during Diwali

Issue thirteen 3131 Oxford Law News Forthcoming events Benefactors For forthcoming events linked to Oxford Law please check out The Law Faculty would like to take our website: www.law.ox.ac.uk/events/ this opportunity to thank all its major benefactors: 9 March 2009 Patrons Conference on Intellectual Property and Allen & Overy LLP Competition Law: Contemporary Issues Barclays Bank PLC Frau Anneliese Brost This half-day event will take place at the Centre for Competition City Solicitors’ Educational trust Law and Policy, Faculty of Law. For further details and registration, see: Clifford Chance LLP www.law.ox.ac.uk/competition/events/2192 Freshfi elds Bruckhaus Deringer LLP Herbert Smith LLP 16–20 March 2009 KPMG LLP training Programme for National Judges in EC Lovells LLP Competition Law Norton Rose LLP Dr Erich Schumann The training programme will focus on European competition law Slaughter and May and policy and its application at community and national levels. travers Smith LLP For further details and registration see: www.law.ox.ac.uk/competition/events/1032 Senior Foundation Benefactors Baker & McKenzie LLP 20 March 2009 McGrigors LLP Interests in Securities Shearman & Sterling LLP Wallenberg Foundation For further details, see: www.law.ox.ac.uk/events/2354 20–21 March 2009 Foundation Benefactors IP Moot Allan Myers AO, QC Linklaters LLP St Catherine’s College, oxford For further details, see: www.oiprc.ox.ac.uk/moot.html GoLDs 18–19 September Sir Frank Berman Norton Rose-Oxford Colloquium Fountain Court Chambers Ince and Co St Hugh’s College, oxford Pinsent Masons LLP 25–27 September 2009 Genevieve Muinzer and Nick Segal Weil, Gotshal & Manges LLP Oxford University Reunion UK Foundation for International Uniform Law (with a Law Reception on the afternoon of the 25th). For further details, see: www.alumniweekend.ox.ac.uk/2009_signup/ oxford Law alumni who would like to be invited to future events or would like to make a donation or further donation or who have any suggestions for other events should contact the Law Faculty’s various dates from 29 April 2009 Director of Development, Ms Maureen o’Neill, at:

Oxford thinking Campaign Events Faculty of Law, university of oxford, St Cross Road, oxford, oX1 3uL. uK Events for all alumni hosted by the Chancellor [email protected] Wednesday 29 April 2009, Boston, MA Tel: 01865 281198 Friday 1 May 2009, New York, NY Fax: 01865 271493 Saturday 2 May 2009, Washington, DC Sunday 3 May 2009, Houston, TX © oxford Law News Winter 2008/9 Monday 4 May 2009, Dallas, TX Editors Tuesday 9 June 2009, Chicago, IL Maureen o’Neill Wednesday 10 June 2009, Los Angeles, CA Timothy Endicott Thursday 11 June 2009, San Francisco, CA Michelle Robb Thursday 12 November 2009, Los Angeles, CA Designed and produced by Steve Allen For further details, see: www.campaign.ox.ac.uk/news/events/ Printed by CKN printers uK 32Winter 2008/9 Issue thirteen