Tag Archives: ials

The Competence of the European Union in Copyright Lawmaking

competence-of-eu-in-copyright-lawmakingBook launch event at the IALS
6pm – 8pm, 15 Dec 2016

Register online at Eventbrite to book your free ticket

Speaker: Dr Ana Ramalho, Assistant Professor of Intellectual Property, Maastricht University

Discussant: Professor Lionel Bently, Herchel Smith Professor of Intellectual Property and Director of the Centre for Intellectual Property and Information Law, University of Cambridge.

In this seminar Ana Ramalho will discuss her new book, which inquires into the competence of the EU to legislate in the field of copyright and uses content analysis techniques to demonstrate the existence of a normative gap in copyright lawmaking.

To address that gap Ana Ramalho proposes the creation of benchmarks of legislative activity, reasoning that EU secondary legislation, such as directives and regulations, should be based on higher sources of law.

In the book she investigates two such possible sources: the activity of the EU Court of Justice in the pre-legislative era and the EU treaties. From these sources Ana Ramalho establishes concrete benchmarks of legislative activity, which she then tests by applying them to current EU copyright legislation.

This provides examples of good and bad practices in copyright lawmaking and also shows how the benchmarks could be implemented in copyright legislation. Finally, Ana Ramalho offers some recommendations in this regard.

This seminar will be followed by the book launch of “The Competence of the European Union in Copyright Lawmaking: A Normative Perspective of EU Powers for Copyright Harmonization” by Ana Ramalho

Information as an Asset: the business benefits of preserving records for providers of legal services

Legal recordsThe second Legal Records at Risk seminar will be held in the IALS Conference Room, 23 November 2016, 2-5.30 pm.

Background

The 2004 Clementi report: Review of the regulatory framework for legal services in England and Wales suggested that it was time for the providers of legal services to act in a more business-like way:

“Research shows that complaints arise as much from poor business service as from poor legal advice… In developing business systems to minimise costs whilst maintaining high standards, there is no reason why lawyers should not work alongside those with other skills, for example in finance or IT.”  

To this the Legal Records at Risk project would add information management. Recent developments (changes to legal services; globalisation; digital obsolescence) have transformed our legal framework, yet no concerted effort has as yet been made to protect and preserve the private sector records which document these changes.

The Legal Records at Risk Project

The Legal Records at Risk project, led by the Institute of Advanced Legal Studies and working in collaboration with the legal profession, the research community and archives, including The National Archives and the British Records Association, seeks to develop a national strategy to identify and preserve our legal heritage and to save modern (20th and 21st century) private sector legal records in the UK that may be at risk.

What are the specific benefits to specialized law institutions of managing their records effectively and preserving those of value for internal and external research?  Here are just a few which will be explored in this seminar, along with suggestions as to how they can be achieved:

  • cost and efficiency savings
  • business continuity
  • improved client confidence
  • service to justice
  • enhanced reputation
  • community engagement

Come to the seminar, visit our website or contact the Legal Records at Risk Project Director, Clare Cowling at clare.cowling@sas.ac.uk for information.

Applications open…Senior Lecturer/Lecturer in Law & Director: Information Law and Policy Centre

As readers of this blog might already be aware our first Director, Dr Judith Townend, has moved on to a new post at the University of Sussex. This means the Information Law and Policy Centre is now looking for a new Director…

“The Institute of Advanced Legal Studies of the School of Advanced Study is now seeking a Lecturer/Senior Lecturer in Law and Director: Information Law and Policy Centre.

“The role will be responsible for developing the research promotion and facilitation, teaching/training and public engagement for the Information Law & Policy Centre.

“This position is offered at 3 years in the first instance with the possibility of permanent extension after this period.”

For more information and details of how to apply visit the University of London’s vacancy page.

The close date for this role is at midnight on Sunday, 23 October 2016. 

The Centre’s researchers ‘on tour’ this summer

Freedom of Expression conference South Korea 14-06-16 web 2

Members of the Information Law and Policy Centre will be sharing their research and expertise at several international events over the coming week.

Centre Director Dr Judith Townend visited Japan to present on social media law in the UK at the annual International Communications Association conference in Fukuoka on Saturday. She visited Seoul this week to participate in the following events:

  • Tuesday 14th June: Freedom of Expression with Regard to Terror, Right to be Forgotten & Social Media, Chung Ang Law School
  • Thursday 16th June: Media Law Forum, Korean Press Arbitration Commission

Meanwhile Dr Christina Angelopoulos was in Brussels last week at EuroDig 2016. The event, organised by the European Dialogue on Internet Governance, focused on topics around “Embracing the digital (r)evolution”.

She participated in a panel session on “The rules in the digital world – economy v human rights” and was a ‘key participant’ in a session on “Intermediaries and human rights – between co-opted law enforcement and human rights protection”.

On Thursday 16th June, Christina will be contributing to a workshop organised by Marietje Schaake MEP on: “Privatising the rule of law online? Freedom of speech, copyright and platforms in the digital single market”. She will be speaking on a panel discussing privatised law enforcement and copyright enforcement.

Do introduce yourself to Judith or Christina if you are attending the events this Thursday and you are interested in their work. You can also contact them on Twitter: @jtownend and @cjangelopoulos.

Call for Papers: Restricted and Redacted – Where now for human rights and digital information control?

Restricted and Redacted: Where now for human rights and digital information control?

We are pleased to announce this call for papers for the annual IALS’ Information Law and Policy Centre research workshop on 9 November 2016 in London, this year supported by Bloomsbury’s Communications Law journal. You can read about our first event in 2015 here.

We are looking for high quality and focused contributions that consider information law and policy in the context of human rights. Whether based on doctrinal analysis or empirical social research, papers should offer an original perspective on the way in which information and data interact with fundamental rights, which may, for example include legal rights and principles relating to free expression, privacy, data protection, reputation, copyright, national security, anti-discrimination and open justice.

Topics of particular interest in 2016 include: internet intermediary liability, investigatory and surveillance powers, media regulation, freedom of information, the EU General Data Protection Regulation, whistleblower protection, and ‘anti-extremism’ policy.

The workshop will take place during the afternoon of Wednesday 9th November 2016 and will be followed by an evening reception and keynote lecture. Attendance will be free of charge thanks to the support of the IALS and our sponsor, although registration will be required as places are limited.

The best papers will be featured in a special issue of Bloomsbury’s Communications Law journal, following a peer review process. Those giving papers will be invited to submit full draft papers to the journal by 18th November 2016 for consideration by the journal’s editorial team.

How to apply:

Please send an abstract of between 250-300 words and brief biographical information to Eliza Boudier, Fellowships and Administrative Officer, IALS: eliza.boudier@sas.ac.uk by Friday 1st July 2016 (5pm, BST). Abstracts will be considered by the Information Law and Policy Centre academic staff and advisors, and the Communications Law journal editorial team.

About the Information Law and Policy Centre at the IALS:

The Information Law and Policy Centre produces, promotes and facilitates research about the law and policy of information and data, and the ways in which law both restricts and enables the sharing and dissemination of different types of information.  It is part of the Institute of Advanced Legal Studies, which was founded in 1947. It was conceived and is funded as a national academic institution, attached to the University of London, serving all universities through its national legal research library. Its function is to promote, facilitate and disseminate the results of advanced study and research in the discipline of law, for the benefit of persons and institutions in the UK and abroad.

About Communications Law (Journal of Computer, Media and Telecommunications Law):

Communications Law is a well-respected quarterly journal published by Bloomsbury Professional covering the broad spectrum of legal issues arising in the telecoms, IT and media industries. Each issue brings you 32 pages of opinion and discussion from the field of communications law. It is currently edited by Dr Paul Wragg, Associate Professor of Law at the University of Leeds.

Current vacancies in information law and policy

It seems that information law and policy jobs are just like buses … Here are several current opportunities to share with your networks. (If you have any to advertise, please let us know – we are happy to help spread the word).

Our friends at the Institute for Information Law (IViR) at the University of Amsterdam are looking for a PhD researcher in law and a Postdoc researcher in Communication Science/Journalism/Media Studies for a European ERC project Profiling and targeting news readers – implications for the democratic role of the digital media, user rights and public information policy:

Meanwhile, we – the Information Law and Policy Centre at the Institute of Advanced Legal Studies, University of London – are looking for a temporary part-time assistant. This role is for 2 days a week / 14 hours (with flexibility for vacations) and will be starting in May. Please apply via this link.

Update (11/05/2015): The University of Kent is advertising a funded PhD position available within the H2020 Marie Curie network NeCS, “Network of Excellence in Cyber Security”. This would be to do research in big data, privacy and data protection under the supervision of staff in the Kent Law School and School of Computing. More details at this link.

 

 

The Humanity of Barristers: Stories from the Bar

LS1385_0008In this guest post Atalanta Goulandris, former barrister and PhD researcher at City University London,  reflects on the Institute of Advanced Legal Studies’ contribution to the Being Human festival: the ‘Humanity of Lawyers’, which focused on the work of the Bar…

There is a general lack of knowledge about the Bar, with misconceived notions of what barristers do, how they work and their professional interaction with the solicitor branch and the public. The ‘humanity’ of barristers is not something people generally think or talk about. This was, however, the starting point for the Institute of Advanced Legal Studies’ (IALS) contribution to the national Being Human festival in November 2015, which is led by the School of Advanced Study, University of London, in partnership with the Arts & Humanities Research Council and the British Academy.

Whilst promoting the event – a follow up to last year’s ‘Humanity of Judging’ at the Supreme Court – it was striking how many chuckled (or guffawed) at the notion that barristers have humanity! Common portrayals of barristers, whether in the press or emanating from the Ministry of Justice, are of ‘fat cat lawyers’ or clever, slippery-tongued advocates, who are cool and detached. Aside from being simplistic and one dimensional, these characterisations ignore the complexity of barristers’ professional role, the ethics that underpin their thoughts and actions and the difficult real life situations in which they perform as professionals and as people.

Our venue was the Inner Temple, one of the four Inns of Court in London, places most members of the public would not usually visit – and therefore appropriate to this year’s festival theme,  ‘Hidden and Revealed’.  Although much of barristers’ work takes place in public courtrooms, much also remains hidden from view, with many working in the cloistered surroundings of the Inns of Court or in chambers across the provinces.

At our event on 19th November – deliberately pitched at a wide public audience – many remarked that they had never been inside the Temple, had no idea it was there and were astonished by the beauty of the buildings, the gardens and the interior of the magnificent Parliament chamber. If nothing else, the physical surroundings in which barristers work were revealed.

parliamentchamberOur five speakers, from academia and practice, approached the topic from different perspectives.

Dr Justine Rogers, joining us via a pre-recorded video from the University of New South Wales in Sydney, talked about her three months shadowing pupil (trainee) barristers as part of her PhD research, which took an anthropological approach in considering their professional identity formation.

LS1385_0010Dividing her time between commercial/chancery, criminal and family law chambers, she was struck by the intensity and the humanity of their professional lives. Citing examples, she charted the taxing emotional challenges pupils and barristers face on a daily basis, whether it was being humiliated by a judge for getting something wrong, being shouted and spat at by an upset and unhappy client in the cells underneath a criminal court or having to deploy strategic sympathy (sometimes real!) to a distressed client in order to provide support.

She witnessed pupils develop the ability to detach themselves from some of these challenges in order to be able to perform their role professionally and manage their fears to appear supremely confident, when very often they were not, having just started out in their careers. Of barristers more generally, she remarked that although they were aware that they were often disliked, they felt it was more important to get things right for the client than be popular. Justine found that the barristers she observed were generous with their time, witty and good company and although they downplayed their ethical role as fearless, independent and honest advocates, these aspects of their professional life were a source of great pride.

LS1385_0011Professor Andy Boon, of City University London spoke next and mindful of the lay audience, gave a brief historical overview of lawyers and the rule of law. Explaining the role lawyers played in developing the framework of rights under the rule of law, he then cited three aspects of a lawyer’s role: neutrality, partisanship and non-accountability. Focusing on two barristers at the end of the 18th and beginning of the 19th centuries, he illustrated how essential it was for them to not be morally judgmental about their clients, how they had to give every client their best shot and how they could not be accountable of the moral consequences of their representation, however controversial that might be.

Thomas Erskine (1750-1823) was accused of being ‘shameful’ by the Attorney General, for defending Thomas Paine in his trial for seditious libel. His response was both courageous and very human:

‘I will forever, at all hazards, assert the dignity, independence and integrity of  the English bar, without which impartial justice, the most valuable part of the English constitution, can have no existence. From the moment that any advocate can be permitted to say that he will or will not stand between the  Crown and the subject arraigned in the court where he daily sits to practice, from that moment the liberties of England are at an end.’ In Rt Hon. Lord Widgery, ‘The Compleat Advocate’ (1975) 43:6 Fordham Law Review

Andy’s second example was Henry Brougham (1778-1868) who defended Queen Caroline in 1820 in a trial brought by her husband, King George IV. Even faced with the likelihood of undermining the credibility of the monarch, he felt it was his duty to defend her, however dangerous that might be for him personally.

‘(a)n advocate, in the discharge of his duty, knows but one person in all the  world, and that person is his client. To save that client by all means, and expedients, and at all hazards and costs to other persons, and among them, to himself, is his first and only duty; and in performing his duty, he must not  regard the alarm, the torments, the destruction he may bring upon others. Separating the duty of a patriot from that of an advocate, he must go on reckless of consequences, though it should be his unhappy fate to involve his country in confusion.’ In Nightingale (ed) Trial of Queen Caroline (1821)

Both examples serve to illustrate the importance of the rule of law, and the courage, integrity and humanity of the advocates that defended it in the past and continue to do so in the face of continuous challenges.

LS1385_0018The audience then heard from the first of two barristers, Robin Howard, of 1 Gray’s Inn Square chambers. ‘Are we human? I hope we are. Do we not bleed?’ he opened, before describing the context in which most barristers work, namely of representing clients in extremis. Whether it concerned their liberty, livelihood, home, family, possessions or health, more often than not by the time clients meet their barrister they are in trouble and the stakes are high. For him it is a privilege to be called upon in these circumstances to use his strength, effort and skills in acting for them.

He agreed with Justine Rogers that some form of detachment or ‘carapace’ was necessary in order for him to carry out his work professionally. He also brought up the question that all barristers, whatever their practice, get asked: how can you defend someone you know is guilty? Robin’s answer was you never know the client is guilty, unless he/she tells you and that the barrister’s opinion of innocence or guilt is irrelevant, every client having the right to a fair hearing. For him the real pressure comes when defending someone he believes to be innocent and if he has failed to secure their acquittal, it is those cases that he remembers years later and feels bad about.

LS1385_0025Mavis Maclean, University of Oxford, spoke next about her ten years of research, observing barristers, solicitors and judges in the family courts. One study involved shadowing family law barristers. Having worked for the Lord Chancellor’s Department and its successor, the Ministry of Justice, Mavis was taken aback by the negative view most of the civil servants and politicians held about lawyers generally and with regard to family lawyers how they perceived them to be profiting from tax payers money (via legal aid, when it was available for private family law cases) by stirring things up between divorcing couples.

Her research did not support this view – rather, she found that all the legal professionals did everything they could to diffuse the tense situations in family law cases, focusing more on negotiation and sorting out housing and child issues in an attempt to avoid contested court hearings. She was impressed by the delicacy, tact, respect and grace with which barristers, often quite young, handled difficult cases and distressed clients.

She observed them spending many unpaid hours after a case was over, talking with clients and helping them find the courage and self-respect to carry on, when, for example, they had lost custody of their children. Her assessment of barristers could not have been further from the unpleasant, tough image portrayed by politicians, whom she mused were perhaps more concerned with their own career advancement when proposing clever and money saving reforms at the expense of the work family lawyers did.

LS1385_0031Public law and human rights barrister Caolifhionn Gallagher was the last speaker. She agreed that the public perception of barristers was mainly negative, with ‘money grabbing’ and ‘dishonest’ images prevailing, placing lawyers on a par with estate agents, bailiffs, politicians, used car salesman and traffic wardens, amongst others, as the most hated professions. She suggested that perhaps this was because many people only come into contact with lawyers at ‘the worst time of their lives’ and resent needing them or that many don’t really understand what lawyers do or appreciate the amount of hours of work that is involved for what might seem a fairly short hearing. She felt, nonetheless, that many had had positive personal experiences with their own particular lawyer, despite the ‘pale, stale, male’ stereotype so evident in images of barristers.

LS1385_0036Caolifhionn likened barristers to professional problem solvers, who acted as a conduit in explaining a client’s situation to the court. She remarked that having a young family of her own often drove her to work even harder for those that had lost a family member, her appreciation of their loss being even greater. Much of her work was out of the public eye, but was often the most rewarding. She described calling a duty judge on the phone late at night to seek remedies when a public body had failed in its duty to, for example, find shelter for a child who was homeless or reverse the unlawful separation of a mother and child.

She did not mind being ‘humiliated’ by a judge, as Justine Rogers described, as long as she had done her job properly and highlighted that the only thing that mattered to her was the clients and acting in their best interests. Although Caolifhionn agreed that some form of emotional detachment was necessary to do her job as well as she could, she also felt that this should not prevent barristers from identifying with causes and getting involved in wider campaigning. In her case she was involved in the Act for the Act campaign to promote accurate real life stories of people who have benefited from the Human Rights Act, a meaningful and valuable antidote to the many misconceptions surrounding it.

LS1385_0037A lively Q&A discussion followed, before more conversation over LS1385_0052drinks.

Those who were unable to make this event or would like to know more about the theme might like to pass by the Institute of Advanced Legal Studies at 17 Russell Square where in the foyer there are two cabinet displays on our Humanity of Lawyers theme.

The display includes archival material from the Inner Temple Library, a selection of books written by practitioners and academics, with extensive captions, as well as a display of watercolours by artists Isobel Williams, who has painted court scenes from the Supreme Court and photographs, by Stephane Gripari, of the strike action in 2014, when thousands of barristers, together with other legal professionals refused to work, for the first time in their long history, because of the extensive legal aid cuts imposed on many areas of practice.

exhibitionwigThis small exhibition will be on display during the spring term.

Atalanta Goulandris chaired the Humanity of Lawyers event on 19 November 2015.

A note from organiser Judith Townend at the IALS: we owe a big thanks to numerous people for this event!

  • to the School of Advanced Study for funding this event through the Public Engagement Innovators’ fund
  • our student volunteers from the University of Sussex law school; photographer Lloyd Sturdy; Nimal Waragoda Vitharana and Muhibul Islam from the IALS for AV and library research support respectively
  • our hosts, the Inner Temple – in particular Alice Pearson, Magna Carta Project Manager, for facilitating the event, and Patrick Maddams, sub-treasurer of the Inner Temple, for welcoming us to the Temple on the evening
  • all the speakers and our chair and adviser Atalanta Goulandris, who provided us with invaluable guidance in putting together the programme and display.

Thank you all!

Arts and Humanities Research Council (LAHP) studentships at the School of Advanced Study

A number of AHRC-funded studentships are available for postgraduate research students in Law at the Institute of Advanced Legal Studies, School of Advanced Study, University of London. Please see the IALS website, and consult with the SAS Registry (SAS.Registry@sas.ac.uk) about the opportunities for research study before making your application, either for a place to study or for a studentship.

Before applying for an studentship, applicants wishing to study in the School of Advanced Study should make an application for a place to study here; and we recommend that students wishing to apply for a LAHP studentship should apply for their place before 15 January 2016. The LAHP studentship application deadline is then midnight (GMT) on 29 January 2016.

For full details of how to apply for a LAHP studentship, including eligibility requirements, see http://www.lahp.ac.uk/apply-for-a-studentship/. The LAHP application form will be available via the online portal on 1 December 2015. Further information is available on the AHRC website, or from info@lahp.ac.uk.

The School is part of the London Arts and Humanities Partnership (LAHP), which has up to 80 multi-institutional studentships per year available for postgraduate research students studying arts and humanities disciplines across King’s College London, School of Advanced Study or University College London. Awards commence October 2016 and cover tuition fees and an annual maintenance grant (stipend), for three years.


Information about research opportunities at the Information Law and Policy Centre can be found here.

Arts and Humanities Research Council (LAHP) studentships at the School of Advanced Study

A number of AHRC-funded studentships are available for postgraduate research students in Law at the Institute of Advanced Legal Studies, School of Advanced Study, University of London.

Please see the IALS Website, and consult with Christian Otta (christian.otta@sas.ac.uk) about the opportunities for research study before making your application, either for a place to study or for a studentship.

Before applying for an studentship, applicants wishing to study in the School of Advanced Study should make an application for a place to study here; and we recommend that students wishing to apply for a LAHP studentship should apply for their place before 15 January 2016. The LAHP studentship application deadline is then midnight (GMT) on 29 January 2016.

For full details of how to apply for a LAHP studentship, including eligibility requirements, see http://www.lahp.ac.uk/apply-for-a-studentship/. The LAHP application form will be available via the online portal on 1 December 2015. Further information is available on the AHRC website, or from info@lahp.ac.uk.

The School is part of the London Arts and Humanities Partnership (LAHP), which has up to 80 multi-institutional studentships per year available for postgraduate research students studying arts and humanities disciplines across King’s College London, School of Advanced Study or University College London. Awards commence October 2016 and cover tuition fees and an annual maintenance grant (stipend), for three years.

 

 

Upcoming event, 10 June 2015: Digital Humanities Panel at the SAS Open Day

Here’s the programme for the Digital Humanities Panel, part of the School of Advanced Study Humanities Open Day on 10th June, which includes a presentation by the Centre on law and information and data. The open day will showcase the School’s resources and share information about postgraduate courses, research training, libraries, archives and digital tools – aimed at undergraduates as well as postgraduate and early career researchers. We hope to see you there – and please drop by the Institute of Advanced Legal Studies’ stand at the event! Booking details here.

4 – 4:05: Welcome and Introduction to Digital Humanities Panel 

Lorna Hughes, Chair in Digital Humanities for SAS (via pre-recorded video)

4:05 – 4:15: Introduction of Panel Members and Themes

Panel chair: Matt Phillpott, Manager of SAS-Space, SAS Open Journals, and the PORT training suite

4:15 – 4:20     Information and Data: A Legal Perspective

Judith Townend, Director, Centre for Law and Information Policy, Institute of Advanced Legal Studies

4:20 – 4:25     Digitally Mapping Historical and Archaeological Evidence

Matthew Davies, Professor of Urban History, and Director of the Centre for Metropolitan History, Institute of Historical Research

4:25-4:30: Increasing Access through Digital Methods

Henry Irving, Postdoctoral Research Fellow, Ministry of Information Project, Institute of English Studies

4:30 – 4:50: Questions and Answers

Moderated by Matt Phillpott

4:50 – 5: Concluding summary

Matt Phillpott