Advanced Legal Studies Research Articles

Telling Legal Backstories: Making Historic Case Papers from the Judicial Committee of the Privy Council Available to All Online

AbstractThe Institute of Advanced Legal Studies holds copies of case papers of appeals to the Judicial Committee of the Privy Council (JCPC). Steven Whittle describes the recent open access initiative at the IALS, working with BAILII to provide online access to historic case papers of appeals from over 35 countries from the period 1935 to 1985. These are cases of the highest importance in the legal development of each of the countries and to the development of common law shared by many countries worldwide.

The Language of the Law in Multilingual contexts—Unpicking the English of the EU Courts’ Judgments

This brief article is based on a paper given at a workshop at the Institute of Advanced Legal Studies in London in June 2015. After outlining the salient features of the system for managing multilingualism at the Court of Justice of the European Union, the article focuses on some key influences on the English version of the Court’s judgments. It reviews the character of the French source text, the role of the Court’s lawyer linguists, the sources of the English, and the purpose and nature of the resulting product. By way of conclusion, it provides some insights into the impact of multilingualism on the Court’s decision-making process and on the texts the Court produces.

SLS/BIALL Academic Law Library Survey 2013/2014

AbstractThis is the latest report analysing the results of the Society of Legal Scholars and BIALL Survey. It has been written by David Gee, Deputy Librarian at the Institute of Advanced Legal Studies, School of Advanced Study, University of London.

Welcome to the IALS Student Law Review

In this Editorial Catherine Odigie (Editor-in-Chief, ISLRev, Institute of Advanced Legal Studies) welcomes you to the Autumn 2015 issue of the IALS Student Law Review and introduces the articles featured in this issue of the journal.

The future of Arbitration

Considering that the proper purpose of private alternative scheme of mediation and arbitration is to satisfy the needs of the parties, Derek Roebuck (Senior Associate Research Fellow, Institute of Advanced Legal Studies) outlines the aims and practice of mediation and arbitration in the reign of Elizabeth I (1558-1603) suggesting possible lessons from the 16th Century for a contemporary scheme. The author has developed this brief paper from a contribution to the debate at the London School of Economics on 13 February 2014 at the launch of Jan Paulsson’s The Idea of Arbitration (Oxford University Press, 2013).

The revised Treaty of Chaguaramas and the Caribbean Court of Justice – compatibility or controversy?

The Hon Mme Justice Desiree P Bernard ( Judge, Caribbean Court of Justice; 2013 Inns of Court Fellow, Institute of Advanced Legal Studies) e xamines the history and development of political and economic cooperation in the Caribbean region. The author charters the progress made through the formation of organisations such as the Caribbean Free Trade Association and the Caribbean Community and Common Market, with reference to the relevant establishing treaties and legal instruments, and gives a comparative overview of the roles of the Caribbean Court of Justice and European Court of Justice.

Welcome to the Spring 2015 issue of the IALS Student Law Review

In this Editorial Chris Stears (Editor-in-Chief, ISLRev, Institute of Advanced Legal Studies) welcomes you to the Spring 2015 issue of the IALS Student Law Review and introduces the articles featured in this issue of the journal.

Guest Editorial: Law, Gender and Sexuality

In this Guest Editorial for a special issue of Legal Information Management, Jon Sims (Content Specialist: Law and Socio-Legal Studies, The British Library) summaries the aims and outputs of a national socio-legal training day on legal biography organised by the Institute of Advanced Legal Studies, the British Library and the Socio-Legal Studies Association and held at IALS in May 2014. The special issue of Legal Information Management features a series of articles on the theme of sources and methods in socio-legal research on law, gender and sexuality. As with last year’s issue on legal biography (LIM Vol.14 No.1) the articles published here are based on talks given at a national training day held at the Institute of Advanced Legal Studies (IALS) in May 2014, and co-organised by IALS, the Socio-Legal Studies Association (SLSA) and the British Library.

Law, Gender and Sexuality at the British Library

AbstractThis article, by Jonathan Sims, is based on a presentation given at the national training day on Law, Gender and Sexuality: Sources and Methods in Socio-Legal Research in May 2014, jointly sponsored by the Institute of Advanced Legal Studies, the Socio-Legal Studies Association and the British Library. The article identifies library collections and resources which, beyond the scope of typical law collections, might be useful for broadly socio-legal academic research on intersections between law, gender and sexuality.

The Archive of the Society of Legal Scholars: a Case Study; a brief note

AbstractIn this short article Professor Fiona Cownie provides a brief note to accompany Elizabeth Dawson's guide to the archival sources at the Institute of Advanced Legal Studies, London.

Analysing Judgments from a Feminist Perspective

AbstractThis article, by Rosemary Hunter, is based on a presentation given at the national training day on ‘Law, Gender and Sexuality: Sources and Methods in Socio-Legal Research’ in May 2014, jointly sponsored by the Institute of Advanced Legal Studies, the Socio-Legal Studies Association and the British Library. She begins by describing the uses of judgments as sources within feminist research on judging, and then outlines three different methods of analysis employed within this research: quantitative analysis, qualitative analysis, and the newest method, that of rewriting judgments.

Is data protection the new privacy?

Article by Megan Richardson, University of Melbourne, Australia giving a comparative overview of developments in data protection law, its application in common law jurisdictions and in EU law. This article was substantially written during a period of research leave at the Institute of Advanced Legal Studies in London between September and December 2012 and aspects were canvassed at a faculty seminar held at the Dickson Poon School of Law in October 2012 and a public seminar at the Institute for Advanced Legal Studies in December 2012, as well as in conversations with particular individuals.

The “effectiveness test” as a tool for law reform

In this article Guest Editor Dr Maria Mousmouti ( Executive Director, Centre for European Constitutional Law, Associate Research Fellow, Institute of Advanced Legal Studies, Co-Director, Sir William Dale Legislative Drafting Clinic) discusses the importance of effectiveness of legislation in the context of law reform and presents the ‘effectiveness test’ as an operational tool that can promote legislative quality and effectiveness across the life cycle of legislation.

Law Reform and Child Protection

In this Editorial Ronan Cormacain (Editor-in-Chief, ISLRev, Institute of Advanced Legal Studies) welcomes you to the third issue of the IALS Student Law Review . He explains the background to this special edition focusing on Law Reform and Child Protection and introduces the articles featured in this issue of the journal.

SLS/BIALL Academic Law Library Survey 2012/2013

AbstractThis is the latest report analysing the results of the Society of Legal Scholars and BIALL Academic Law Library Survey. It has been written by David Gee, Deputy Librarian at the Institute of Advanced Legal Studies, London.

Stewardship and the insolvency practitioner: a review of the current position

Where business failure occurs, it is important that a new management regime should then be installed in the form of an independent and professionally qualified insolvency practitioner, whose function as office holder will be either to achieve rehabilitation or to perform an efficient burial in accordance with the norms of distributional justice. The purpose of this short article is to highlight in this context of the discharge of stewardship responsibilities by insolvency office holders a number of governance-related issues worthy of further exploration. This is a revised and updated version of a paper delivered by Professor David Milman at the Institute of Advanced Legal Studies on November 29, 2012.

Introduction to Sources of German Law: German Collections at the Institute of Advanced Legal Studies

AbstractThis article, written by Katherine Read, gives an introduction to printed and electronic German legal resources that are collected by the Library of the Institute of Advanced Legal Studies and including those that are accessible through the web. Particular attention is given to English language sources where they are available to library users.

Welcome to the second issue of the IALS Student Law Review

In this Editorial Ronan Cormacain (Editor-in-Chief, ISLRev, Institute of Advanced Legal Studies) welcomes you to the second issue of the IALS Student Law Review and introduces the articles featured in this issue of the journal.

Guest Editorial: Legal Biography

In this Guest Editorial for a special issue of Legal Information Management, David Gee (Deputy Librarian, Institute of Advanced Legal Studies) summaries the aims and outputs of a national socio-legal training day on legal biography organised by the Institute of Advanced Legal Studies, the British Library and the Socio-Legal Studies Association and held at IALS in May 2013. He introduces a series of articles developed from presentations on the day and describes how these special issue articles will help us to understand more the varied methodological concerns and problems of legal biography researchers, as well as helping to highlight the many research libraries and specialist archives which can provide expert assistance with legal biography research.

Archival Sources for Legal Biography at the Institute of Advanced Legal Studies

AbstractElizabeth Dawson's article outlines archival sources for legal biography held at the Institute of Advanced Legal Studies, focussing on primary sources of information on individuals, including the Law Society and Bar Examination results. It also summarises additional sources which provide biographical information on legal practitioners and scholars eg. the archives of The Society of Legal Scholars and the Council of Legal Education, IALS institutional archives, The Bar Council, The International Law Association and academic membership associations. The article also provides guidance to researchers on using the IALS Archive, and advice on using related external archival sources.