Faculty of Law LawLink: Issue 7, Spring 2007

Cambridge LawLink Issue No. 7

Spring 2007

Faculty of Law

LORD BINGHAM DELIVERS SIXTH SIR DAVID WILLIAMS LECTURE

CONTENTS Sixth Sir David Williams Lecture . . . . . . . . . . .1 Professor Kurt Lipstein: 1909–2006 . . . . . . . .2 A Letter From the Chair of the Faculty . . . . . .3 Choosing Law at Cambridge . . . . . . . . . . . . .4 Inner Temple Alumni Event . . . . . . . . . . . . . .5 The Squire Law Library . . . . . . . . . . . . . . . . . .6 Law Faculty Goes Wireless . . . . . . . . . . . . . . .7 Mooting Competitions . . . . . . . . . . . . . . . . . .7 Centre Reports Centre for Intellectual Property and Information Law (CIPIL) . . . . . . . . . . . . . . . . .8

Lord Bingham delivers the sixth Sir David Williams Lecture to a packed lecture theatre Organised by the Centre for Public Law, the Sir David Williams Lecture was, as ever, one of the highlights of the year. The Rt Hon Lord Bingham of Cornhill, the sixth distinguished contributor to this series, delivered his lecture on the Rule of Law in November 2006.

Addressing a packed lecture theatre, Lord Bingham began by claiming that the effect of the affirmation of the Rule of Law in Section 1 of the Constitutional Reform Act 2005 as a constitutional principle was to render it legally enforceable, obliging judges to construe legislation compatibly with the Rule of Law where “reasonably possible”. It was therefore timely to examine the meaning of the Rule of Law as a constitutional principle.

The Rule of Law, Lord Bingham argued, required that laws be accessible, intelligible, clear and predictable – a requirement that though obvious was not trivial, given “the legislative hyperactivity which appears to have become a feature of our governance” and “the length, complexity and sometimes prolixity of modern common law judgments”. He went on to state that questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion, and that the laws of the land “should apply equally to all, save to the extent that objective differences justify differentiation”.

Lord Bingham outlined several sub-rules of the Rule of Law and, controversially, asserted that the Rule of Law itself required that the law afford adequate protection of fundamental human rights that must transcend merely procedural protection and that it recognised “a right of unimpeded access to a court as a basic right, protected by our own domestic law”; that adjudicative procedures provided by the State should be fair; and that “ministers and public officers at all levels must exercise the powers conferred on them reasonably, in good faith, for the purpose for which the powers were conferred and without exceeding the limits of such powers”. As such, there would be an “inevitable” and “entirely proper” tension between government and the judiciary.

In conclusion, Lord Bingham remarked that to devote one’s professional life to the service of the law was to uphold “an unspoken but fundamental bargain between the individual and the State ... by which both sacrifice a measure of the freedom and power which they would otherwise enjoy”. He continued, “We are not, as we are sometimes seen, mere custodians of a body of arid prescriptive rules but are, with others, the guardians of an all but sacred flame which animates and enlightens the society in which we live”.

CIPIL Report Influences Gowers IP Review . . .9 Centre for European Legal Studies (CELS) . . . . . . . . . . . . . . . . . . . .9 Cambridge Forum for Legal and Political Philosophy (CFLPP) . . . . . . . . . . . . . . . . . . . .10 Centre for Corporate and Commercial Law (3CL) . . . . . . . . . . . . . . . . .10 Centre for Public Law (CPL) . . . . . . . . . . . . .11 Centre for Law Tax (CTL) . . . . . . . . . . . . . . .12 Cambridge Socio-Legal Group . . . . . . . . . . .12 Lauterpacht Centre for International Law . . . . . . . . . . . . . . . . . . . . .13 Nicholas Sinclair-Brown: 1949–2006 . . . . . .13 The Institute of Criminology . . . . . . . . . . . . .14 Congratulations . . . . . . . . . . . . . . . . . . . . . .15 Departures and Arrivals . . . . . . . . . . . . . . . .15 Major Publications by Faculty Members . . . .16 Editors: Tara Grant and Kirsty Allen

A recording of Lord Bingham’s thought provoking and insightful lecture can be downloaded from http://cpl.law.cam.ac.uk. A version has also been published in the Cambridge Law Journal at (2007) 66 CLJ 67.

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PROFESSOR KURT LIPSTEIN: 1909–2006 Kurt Lipstein, QC, LLD, Professor Emeritus of Law in the University of Cambridge, died in Cambridge on 2 December 2006 in his 98th year. His death marks the end of an era; he was the last survivor of the “jurists uprooted” who left Germany in the 1930s.

Lipstein was a consummate lawyer. From his youth, wholly familiar with and at ease in the laws of Germany and England, Roman law and public international law, he swiftly acquired like expertise in the civil law systems of the rest of Western Europe, with total fluency in the language of each. All this directed the path of his career, into comparative law and, especially, private international law in which he was one of the leading experts in the western world. His abilities and energy focused mainly not on purely theoretical issues, though he was master of them, or on the writing of textbooks, though he did write a comprehensive book on the law of the European Economic Community when that was an arcane matter to most English lawyers. Rather, he preferred to address practical issues and to provide solutions to problems, many of which were regarded by others as insoluble. But he solved them, most notably, perhaps, the problem of renvoi. His 600 plus articles are collected and bound together in the Squire Law Library; and it is easy to detect his hand on virtually every page of the monumental Encyclopaedia of Comparative Law. Honours and distinctions came his way and he wore them lightly, as he did his learning. He was appointed Queen’s Counsel and Bencher of the Middle Temple, and was elected to the Institute of International Law, to a chair at Cambridge, to visiting chairs at, amongst others, Northwestern and Pensylvannia Universities and, to innumerable committees, including the Lord Chancellor’s on the Conclusion of Treaties. He practised from 13 Old Square, Lincoln’s Inn (now Maitland Chambers) and appeared before the International Court of Justice, most famously in the Nottebohm case.

Influential and important though his published work was and will long remain, perhaps more important still is his influence on his pupils at Cambridge. They included six Lords of Appeal in Ordinary, more Lords Justices of Appeal and seemingly innumerable High Court judges. They all readily acknowledge his influence upon them, whether through formal instruction or the help he gave them in the Squire Law Library, where he appeared to be a permanent resident. His help to all users of that library was legendary; as soon as he was aware of a given person’s native language, he would address them in it.

Similar kindnesses were shown to literally

Professor Lipstein in his study at home in October 2006 thousands of continental law students who came to Cambridge over decades for a course in English law; he largely organised it and them from 1948 until the year of his death.

Born in 1909 at Frankfurt into a very wealthy banking family, the Sulzbachs (his father was a distinguished physician), Lipstein enjoyed an idyllic childhood on the family estates. He became fluent in English (a grandmother was a British subject), and followed a classical education in Latin and Greek. After a spell in Grenoble when he became fluent in French, he began legal studies at the Kaiser Wilhelm University.

Shortly after he had embarked upon a legal career, the Nazis came to power and he was rudely denied further advancement. He came to England in 1934 to Trinity College Cambridge where he quickly took a PhD in Roman law but narrowly failed to gain a Prize Fellowship. The by then impecunious refugee lawyer was appointed assistant to Professor Harold Gutteridge, who personally supported him; Lipstein regarded Gutteridge as his “friend and father”. In 1941, he was interned as an alien enemy but released in 1942, whereupon he returned to Cambridge and, effectively, ran the Law Faculty with the aid of a typewriter but no secretary. He was appointed University lecturer in 1946 and, later, reader and professor. He was elected Fellow of Clare College in 1956 and remained a Fellow until his death.

As a man he was delightful. He treated all with endless patience and kindness, to which they immediately responded with gratitude that quickly ripened into affection and often love. Yet his life centred upon his family. In 1944 he married Gwyneth

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Herford, a distinguished scientist, who had also suffered under totalitarian regimes.

Their idyllically happy marriage ended with her death in 1998. Lipstein was devastated and things were never the same for him, but he continued with his work until his death.

A week before, the Cambridge Law Faculty had held a reception to celebrate the 70th anniversary of his PhD degree. He was there, impeccably suited as ever and made a speech which none present will forget.

His two daughters and six grandchildren survive him.

Professor Kurt Lipstein outside Clare College circa 1980

A LETTER FROM THE CHAIR OF THE FACULTY Many of the past year’s developments are more fully described elsewhere in this issue, but certain landmarks call for special mention.

In November 2006, Professor Kurt Lipstein in his 98th year was still supervising undergraduates and helping colleagues and postgraduates when we celebrated the 70th anniversary of his PhD. He made a delightful speech, reflecting with humour and without bitterness on his wartime detention as an “enemy alien” and recalling his early years in the Faculty. A few days later, he went into hospital for an operation, and died on Saturday 2nd December 2006.

Kurt was the last survivor of the generation of émigrés from Germany who escaped Nazi persecution and became leading legal scholars here. His deep influence through his teaching, writing and friendship made Kurt a European legend. He enriched our lives personally and professionally. A memorial service was held at Great St Mary’s Church in Cambridge on Saturday 10th March 2007 and we intend to perpetuate his memory fittingly in the Faculty.

Professor Tony Smith, a Fellow of Gonville and Caius College from 1972 to 1981 and from 1990 until 2007, a Lecturer then Professor in the Faculty since 1990, and a former Chairman, has returned to his native New Zealand to take up a Chair of Law at the Victoria University of Wellington (VUW), where he will also be a Pro-ViceChancellor and the Dean of the Faculty of Law. It is hard to imagine the Cambridge Law Faculty without Tony, especially for those of us who have had the pleasure of working closely with him and of enjoying his company on many social occasions. We wish him every success and fulfilment in Wellington, where he will have the added happiness of being closer to his son Tim (practising at the Bar in Wellington) and daughter-in-law Nicole (herself a former Law Fellow of Caius, now a lecturer at VUW).

Other departures during the year included Dr Susan Marks, who moved to a Chair at King’s College, London, and Dr Claire Kilpatrick, who went to a Senior Lectureship at the LSE. We wish them well, and take heart from the knowledge that members of the Faculty are so much sought after by other leading research institutions.

At the end of March 2006, Professor James Crawford laid aside the burden of the Chairmanship of the Faculty after three immensely successful years. James did a huge amount to make the Faculty a happy as well as effective place, while miraculously maintaining his enormously high level and quality of scholarly productivity (the publication by Oxford University Press in 2006 of a new edition of his monograph on

Professor Kurt Lipstein with Faculty Chair Professor David Feldman in November 2006 The Creation of States in International Law was itself a landmark), teaching and research supervision and many outside activities. He immediately took on the Directorship of the Lauterpacht Centre for International Law from Daniel Bethlehem, who, in May 2006, had become the first person from outside the Government Legal Service to be appointed the Legal Adviser to the Foreign and Commonwealth Office.

We are delighted that Dr Oke Odudu has returned from King’s College, London, to take up the Herschel Smith Lectureship linked to a Fellowship at Emmanuel College, and that Louise Merrett is now the Lovells Lecturer in Commercial Law. It has been a pleasure to welcome Professor Silvana Sciarra, the leading European labour law specialist from the University of Florence, as the 2006-07 Arthur Goodhart Visiting Professor of Legal Science, succeeding the eminent comparative public lawyer Professor Cheryl Saunders from the University of Melbourne. Both have contributed greatly to the jollity as well as the scholarship of the Faculty during the past year.

The Faculty is still ranked as the foremost University Law School in UK league tables.

Our students are excellent, and our cuttingedge research and publications continue to be highly influential with policy-makers and judges world-wide. Compared with similarly successful institutions in the USA, we achieve all this on a shoe-string, while dealing with government-imposed regimes of monitoring and assessment which have no parallel in the USA. We are a leading Law School because of the immense commitment, hard work and goodwill of colleagues, and need library and IT facilities to match if we are to attract and retain the best academics in a global market competing both with rich overseas universities and with the rewards of legal practice.

Costs and expectations continue to rise.

College provision is vital but many of the most important facilities and opportunities for students and staff can only be provided centrally. To meet this demand we need reliable sources of funding independent of the unpredictable outcomes of assessment exercises and government spending reviews. For example, the outcome of the forthcoming Research Assessment Exercise (to be announced in 2008) will directly affect government funding for the period starting in the 2009-10 academical year. We are extremely grateful to the many firms and individuals who generously donate sums large and small to the Squire Law Library Centenary Appeal and to the Faculty and Institute of Criminology to help us optimise the standard of provision. Yet we will need significant additional funds to allow us to plan on the basis of secure funding to keep us in competition with the best, nationally and internationally.

Despite the pressures, we are in good heart. My colleagues continue to perform heroically on all fronts, while our students at all levels do excellent work both academically and in such extra-curricular activities as the Pro Bono Society, publishing Global Law, organising Sixth Form conferences for potential students, and participating in mooting competitions. It is a privilege to be part of a Faculty in which so many people are doing so many things, and doing them outstandingly well.

This issue of LawLink will provide you with much evidence of the continuing health and vivacity of the Faculty. I hope that you will continue to take pride in your connection with it, as we take pride in our relationship with you.

David Feldman Chair, Faculty Board of Law

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CHOOSING LAW AT CAMBRIDGE Potential Law students have to make a lot of choices. First, they have to decide whether Law is the right subject for them. Then they have to choose the right University and, if they choose Cambridge, they have to choose to which College, if any, they wish to apply.

Members of the Law Faculty are involved in a variety of initiatives to help potential applicants to make these choices, by providing information about Law at Cambridge but also seeking to communicate their own enthusiasm for their subject.

The main event organised by the Law Faculty is the open day, which is held in early July each year. This provides an opportunity for sixth formers and others to come to Cambridge to see the Law Faculty and its facilities, to meet Directors of Studies from Colleges and to hear from University Lecturers about the study of Law at Cambridge and the admissions process. A further lecture is given on legal problems, which seeks to give students an idea of what studying law is actually like, by examining a variety of scenarios and determining what the appropriate response of the law should be. Finally, current Law students lead a question and answer session to inform potential applicants about the student experience whilst studying Law at Cambridge. This year for the first time all of these lectures were filmed and were made available on the Faculty website. This proved to be a very popular initiative which enabled potential applicants from around the world to find out much more about Law at Cambridge quickly and easily.

The Law Faculty is also involved in a number of other access initiatives and admissions conferences. For the last five years, members of the Law Faculty have run a Sutton Trust summer school in Law, which enables students who have little or no experience of higher education in their family to come to Cambridge for four days and have an intensive period of lectures and seminars which culminates in a mock trial.

This has proved over the years to be an important way of making contact with students who might not have considered reading Law at Cambridge and sometimes not even contemplated a University degree course in Law. The success of the Summer School is reflected in the fact that a number of students who have attended the summer school and who have been admitted to read Law at Cambridge, return as student assistants to help and encourage others to get the most out of the summer school.

Another very important annual event, which has run for a number of years, is the Cambridge Sixth Form Law Conference which takes place in March. This is organised by current undergraduates reading Law. The Conference lasts for four

days during which over 200 sixth formers attend lectures and workshops, participate in debates and see a mock trial. The feedback from this conference indicates that it is a very important event both to inform potential applicants what the study of Law is about generally, but also to inspire them to consider applying to Cambridge.

Faculty Access Officer Graham Virgo (above) guides propspective candidates through a stimulating session on legal problems at the 2006 Open Day

Other events are organised outside Cambridge, including Oxbridge admissions conferences, which take place in a variety of sporting venues around the country.

These conferences, enable representatives of the Law Faculty at Cambridge, alongside colleagues from Oxford, to give lectures to and answer questions from hundreds of potential applicants. There are other access initiatives organised within Cambridge, such as the GEEMA summer school, run by the Group for the Encouragement of Ethnic Minority Applications, and other summer schools to encourage applications from students who have no family history of participating in higher education. Law lectures are often given as part of these summer schools, which have recently included lectures on the law of murder, adverse possession and the implications of the Human Rights Act. Finally, there are a wide variety of College organised open days throughout the year which enable potential applicants to make choices relating to collegiate Cambridge.

More information about these and many other events can be found on the Law Faculty’s website. (www.law.cam.ac.uk)

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Graham Virgo Faculty Access Officer

Roger O’Keefe, the Faculty’s Academic Secretary, goes through the admissions process at the 2006 Open Day

LEGAL ELITE ATTEND INNER TEMPLE ALUMNI EVENT

The Rt Hon Lord Mackay of Clashfern with University Vice-Chancellor Alison Richard and the Rt Hon Lord Phillips of Worth Matravers The Faculty of Law was delighted to be able to welcome members of the Bar and the Judiciary to a reception for Cambridge alumni at The Inner Temple on 6 March 2007. It was the second event of its kind, the first being held in 2004 during the centenary year of the Squire Law Library.

The latest event was honoured by the presence of many senior figures from within the legal world including the Lord Chief Justice of England and Wales, the Rt Hon Lord Phillips of Worth Matravers, the Master of the Rolls, the Rt Hon Sir Anthony Clarke, and the former Lord Chancellor, the Rt Hon Lord Mackay of Clashfern. In addition, it was an honour to welcome a number of Lord and Lady Justices and several Heads of Chambers together with other members of the Bar, all with Cambridge connections and many of whom are longstanding friends of the Faculty. The Vice-Chancellor of the University of Cambridge, Professor Alison Richard, the Emeritus Vice-Chancellor, Professor Sir David Williams QC (who is currently the Chairman of the Squire Law Library Appeal) and the Chairman of the Faculty of Law, Professor David Feldman FBA all spoke at the reception.

The Vice-Chancellor described the encouragement and generous financial support which was already benefiting collegiate Cambridge as the University prepared to celebrate its 800th Anniversary in 2009. The University and its Colleges remain committed to excellence in teaching and research – and ongoing and healthy interaction with alumni is crucial to the future development and aspirations of the institution as a whole. Indeed, this event highlighted both the special relationship between the University and its former students and, in particular, the mutual regard and appreciation between the Faculty of Law and its network of friends and alumni from within the legal profession.

Professor Feldman told those present that, regardless of their careers’ stage, “We continue to take a great interest in you… after all, you are our products, and it is good to know that you are still fit for purpose!”

He went on to note that the Faculty remains at the forefront of teaching and legal research thanks to the immense commitment of everyone in the Faculty and to the important and generous support received from individuals and organisations (particularly law firms) within the profession. As well as sustaining its global reputation for world-class legal scholarship, the Faculty of Law, together with the Squire Law Library, is focused on providing the very best in teaching, learning and research resources and facilities for its students (whether undergraduates or postgraduates) and established scholars.

Later, speaking to judges and practitioners, Professor Feldman welcomed the increasingly close cooperation and mutual respect between academics and all elements of the profession. Universities and lawyers have at least two things in common. First, they both offer massive public benefits in enhancing the quality of a critical public discourse and the maintenance of the Rule of Law, which are two of the essential prerequisites for any constitutional democracy. Secondly, the benefits for which society depends on both lawyers and universities are too often underrated or even ignored. The Faculty hopes that the continuation of this series of Bar and Bench events will help to keep the profession in touch with the developments and the issues of their University, and allow all the participants to reinforce their commitment to benefiting society and social understanding of the importance of higher education and the Rule of Law. It is heartening to note that the Faculty’s relationship with the solicitors’ sector is

equally healthy. This was highlighted most recently, on 26 April 2007, with an important reception in Cambridge marking the immense contribution made by the City Solicitors’ Educational Trust to legal education across the higher-education sector, and particularly to the University of Cambridge, since the Trust was established in 1989. The Trust’s support for projects in the Faculty has amounted to over half a million pounds for the teaching of foundation subjects in the Faculty over those eighteen years. As Pro-Vice-Chancellor Dr Kate Pretty and Professor Feldman said in their addresses expressing the gratitude of the University and the Faculty to the Trust and the major firms of solicitors which fund it, this has allowed the Faculty to undertake numerous valuable initiatives which would have been simply impossible without those additional resources. These directly benefit the undergraduate students who enjoy the special teaching opportunities which the Trust makes available, and there are also less tangible but very real benefits for the legal professions and society in general. The work of the Trust helps university law schools to provide educational experiences which help students to acquire knowledge and understanding, and also to develop critical faculties and independence of mind. A steady supply of such people is the best, and perhaps the only, guarantee of the continuing quality and independence of the professions, which in turn is the best and perhaps the only guarantee of the quality and independence of the judiciary, which in turn is the best and perhaps the only guarantee of the Rule of Law on which a constitutional democracy depends.

For all these reasons, the Faculty relies on and is immensely grateful for the interest of and support of its work from the Bar, the Trust, particular firms of solicitors, and the many, many generous individuals who support our work financially and through their willingness to participate in a wide range of activities in and around the University; and through the Faculty and its students and alumni, the whole of society gains immeasurably.

Law Faculty Chair David Feldman at the Inner Temple event

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THE SQUIRE LAW LIBRARY Professor Lipstein at the Squire Professor Lipstein, who died aged 97 (see page 2), was held in very great affection by all those associated with the Squire Law Library.

In fact he was synonymous with the library.

He represented continuity over some 72 years transcending many Squire Librarians, countless library readers and three different library buildings. He knew the materials, he knew the history of the development of the collections and he provided considerable direction and invaluable guidance on relevant acquisitions throughout his career. He worked constantly on his research at the Squire from 1934, when the Library was based in the original Law Building on Downing Street. He subsequently occupied an office, Room 5 of the Upper Library, in the Cockerell Building from 1935 until 1995. During this time he even found romance in the Squire by meeting his future wife, Gwyneth, there; they were subsequently married in 1944. In 1995, at the age of 86, Professor Lipstein made the successful transition to the modern surroundings of the new Foster-designed Law Faculty Building, where he continued his research and writing until a matter of days prior to his death.

The current Squire Law Librarian is immensely grateful to Professor Lipstein for the advice and help he provided to his team and, indeed, to all the librarians, staff and readers of the Squire Law Library over seventy two years. His knowledge of the library, and the publications within, was unsurpassed and he helped the Library to build impressive collections in public and private international law and comparative law (especially for the German law section). He regularly advised on library acquisitions, classification and foreign language queries; and he spoke fluently in German, French, English, Italian and Spanish and read in Portuguese, Dutch and Greek. To so many readers over so many years he was a familiar figure among the book-stacks of the Squire and was always willing to offer advice to anyone seeking material for their research.

He was an active member of the Faculty Board of the Law Library Committee from 1947 until the 1970s and was Chairman of that Committee for many years prior to his retirement.

Professor Lipstein will be remembered for his considerable academic achievements but his contribution to the Squire will also be recalled with immense appreciation.

The Deputy Librarian, Mr Peter Zawada, keeps Professor Lipstein’s Collected Papers in four leather bound volumes for readers to consult on request and Mrs Lesley Dingle, the Foreign and International Law Librarian, who worked closely with him during his latter years, has compiled an informative archive detailing his career and work which is available via the Squire’s web-pages at:

Professor Lipstein at work in Room 5 at the Squire Law Library in the Cockerell Building © Professor M Clarke, Faculty of Law http://squire.law.cam.ac.uk/eminent_scholars/ kurt_lipstein.php

Squire Law Library Appeal Maintaining the world-class status of the Squire Law Library is crucial to the future generations of legal scholars working at Cambridge. If you would like to contribute to the success of the library, please contact our Development Office (see below). The Library needs contributions to help support the expansion of the collections, to fund subscriptions to electronic legal journals, to improve its IT resources, to enhance teaching materials for undergraduate study and to broaden the range of specialist publications available for the many comparative lawyers within the Faculty.

For further information about the Squire Appeal please contact: University of Cambridge Development Office 1 Quayside Bridge Street Cambridge CB5 8AB, United Kingdom Tel: +44 1223 332288 Fax: +44 1223 764476 Email: enquiries@foundation.cam.ac.uk Web: www.foundation.cam.ac.uk

City Solicitors’ Educational Trust CSET support for the Library The Squire Law Library has benefited enormously from the generosity of the City Solicitors’ Educational Trust (CSET) in respect of three separate grants, over recent academic years since 2002. These grants have enhanced library provision, and therefore helped to under-pin the teaching of core

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subject areas at undergraduate level, by funding the purchase of multiple copies of materials such as textbooks, monographs, statute books and standard legal reference works. In addition, the grants have contributed to subscriptions for law reports and legal journals together with some electronic services that are heavily utilised by the undergraduates students.

Without the support of CSET the library would have been unable to offer students the same level of provision. In some cases the library has been able to acquire a total of five or six copies of a particularly significant text that has been listed by the lecturers for essential reading by undergraduates. Under normal circumstances, taking into consideration price rises and increasing pressure on our purchasing budgets, it might only have been possible to purchase two or three copies of such important works. The funding by the Trust has meant that the library can maintain the highest standards of service while the Faculty and Library jointly seek to build a longer-term financial solution in the form of the Squire Law Library Centenary Endowment Fund via the Squire Appeal (see above).

The City Solicitors’ Educational Trust Lecturer In addition to their invaluable funding of the library, CSET have also supported the undergraduate teaching programme directly by contributing an annual grant for the provision of a College Teaching Officer who teaches the foundation course subjects in law.

The current holder of the post is Dr Jillaine Seymour.

David Wills Librarian, Squire Law Library

LAW FACULTY GOES WIRELESS In September 2006, the Law Faculty became the first department in the University to deploy the new wireless network system – called “Lapwing”. Developed in-house by the University Computing Service, this facility offers wireless network access using the common 802.11b standard used in the majority of PCs, laptops and PDAs. Authentication to the service is achieved through the University’s Raven system, which is already used for access to many other University systems.

The wireless access provides a connection to the University local network and the Internet for students and staff working in the offices of the Faculty, and around the Squire Law Library, and satisfies the growing demand for such a system which has been driven by the increasing ownership of laptops by students.

The service has already seen a significant uptake, with the Faculty recording higher

usage than other early adopters such as the University Library, and the Computing Service. Following a successful limited trial, the University is now undertaking a large-scale rollout of the service to other departments and colleges to provide a wraparound service to the entire institution.

Other departments sharing the Sidgwick Site with Law will be implementing the same system, and there are also plans to add an external wireless access point to cover the social areas around the Raised Faculty building making the site one large wireless hotspot and giving students more flexibility in their working habits.

Future developments will provide a ‘ticketing’ system which will also allow access to be offered to visitors and conference attendees.

The Faculty is grateful to LexisNexis Butterworths for their sponsorship of the Lapwing implementation.

MOOTING COMPETITIONS Central and Eastern European Moot Court Competition life behind the scenes of the European Court of Justice in Luxembourg.

The competition must be counted a great success: encouraging knowledge of EU law, and fostering international relations (not least through the infamous Singing Competition at the farewell dinner), in a very charming city.

The teams are all to be congratulated for so successfully meeting the daunting challenge of oral pleading (sometimes under heavy judicial fire!) in a foreign language.

It remains to thank Clifford Chance for their ongoing generous support for the competition. Details about the competition are available at www.europeanmootcom petition.org.

Jonathan Morgan

Corpus students win WLR Mooting Competition Judging at the Central and Eastern European Moot Court Competition The Twelfth annual Central and Eastern European EU Law moot took place in Zagreb, Croatia, in early May 2006. As usual, the competition was organised by the British Law Centre at Warsaw University, with which the Faculty of Law enjoys strong links.

The Cambridge faculty was represented on the panel of judges by Professor Bill Cornish, Dr Catherine Barnard and Mr Jonathan Morgan. As ever, the bench was chaired by Lord Slynn of Hadley, with his inimitable style and, indeed, panache.

Some fifteen teams from all over the region took part, and it was encouraging to see several from countries which are not, as yet, full members of the European Union (EU), including Romania, Bulgaria, Ukraine and, naturally, Croatia.

In a close-fought final, Comenius University, Bratislava just prevailed over Charles University, Prague. The winning team later spent an enjoyable and educational week in Cambridge at the start of the Michaelmas Term 2006, and the best speaker (Ms Maria Lokajova of Charles University) experienced

A pair of undergraduates from Corpus Christi College, Alvin Cheung and Becca Drake, won the 2006 Weekly Law Reports Annual Mooting Competition. In the final, judged by Mr Derek French and held on 23 March 2006 at the Law Society in London, they represented a famous tenor involved in a contractual dispute with ‘Judas College Cowbridge’, represented by a pair of mooters from the University of Derby, Vicky Eynon and Pauline Walker.

In previous rounds of the competition Corpus Christi successfully competed against teams from Exeter, Sheffield, Dundee and defending champions Christ’s College Cambridge.

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CENTRE REPORTS CENTRE FOR INTELLECTUAL PROPERTY AND INFORMATION LAW

The Law Faculty includes a number of specialised research centres, most of which are located within the Faculty building The Centre for Intellectual Property and Information Law (CIPIL)’s second year has been very productive. Individual members have held several conferences, given numerous talks, attracted grants, published reports, and written articles and books.

Information on all CIPIL’s activities can be found on its website at: http://cipil.law.cam.ac.uk Since our last report for LawLink, CIPIL has held several key events in Cambridge: In June 2006, Kathy Liddell played a central role in the organisation of a symposium on personal data and medical research, under the aegis of the Academy of Medical Sciences, Faculty of Law, CIPIL and the Public Health Genetics Unit. The meeting was generously sponsored by Mills & Reeve.

Sixty delegates attended including judges, QCs, barristers, partners of law firms, the Deputy Information Commissioner, the British Medical Association, General Medical Council, the Wellcome Trust, GlaxoSmithKline, the Medical Research Council, the Genetic Interest Group, and senior University academics.

In July, Jennifer Davis, Lionel Bently and Jane Ginsburg co-hosted a second interdisciplinary workshop on trade marks at Emmanuel College, the product of which will be a collection of essays published by Cambridge University Press.

In September 2006, CIPIL hosted the first editorial board for the Arts & Humanities Research Council (AHRC)’s Strategic Resource Enhancement Programme on the history of Copyright. An international interdisciplinary group of scholars, including Professor Mark Rose, Professor Hannes Siegrist, Professor Bill Cornish, Dr Peter Tschmuck and Dr Maurizio Borghi met in Cambridge with the national editors of the project.

Individual members of the Centre have made significant contributions to

scholarship. Pre-eminent amongst these was the publication of Catherine Seville’s book, The Internationalisation of Copyright Law: Books, Buccaneers and the Black Flag in the Nineteenth Century by Cambridge University Press. A work of impeccable scholarship, this is now unquestionably the key text on the history of Anglo-American copyright relations in the nineteenth century, far-surpassing earlier efforts of others. Angus Johnson published (with Piet Jan Slot), an Introduction to Competition Law (2006).

Dr Liddell published important articles in, inter alia, Medical Law Review, British Medical Journal, and Bio-Science Law Review. Dr Isabella Alexander was awarded her doctorate for her thesis, The Metaphysics of the Law:’ Drawing the Boundaries of Copyright Law 1710-1911, and published an article on copyright in the Proceedings of the British Legal History Conference. Dr Davis published an outstanding analysis of the historical development of the concept of the “average consumer” in the Intellectual Property Quarterly. Dr Akester published four papers, two in the European Intellectual Property Review, the others in the UNESCO e-Copyright Bulletin and the Intellectual Property Quarterly. Professor Bently’s historical study of Australian laws protecting news sent by telegraph was published in the Loyola Los Angeles Law Review and a piece on the relationship between Geographical indications and other forms of protection was published in the US journal, the Trademark Reporter.

The Centre, and its individual members, were also involved in assisting policy-making.

Dr Liddell acted as Legal Advisor to the Academy of Medical Sciences in the preparation of its influential report, ‘Personal Data For Public Good: Using Health Information in Medical Research’ (2006) and to the Genetic Interest Group in the preparation of its report, ‘Human Rights, Privacy and Medical Research: Analysing UK Policy on Tissue and Data’ (2006). The Report was launched at the Houses of Parliament, Westminster, in 2006. Dr Liddell also assisted the UK Intensive Care Society in its efforts to have legislation amended to allow essential emergency research without prior consent from a legal representative. The results were very positive. The Mental Capacity Bill was modified in its committee stages as a result of this input and more recently, the Government has agreed to amend the UK Regulations implementing the European Clinical Trials Directive.

Dr Akester was commissioned by UNESCO to write a report on the implications for freedom of expression of proposals to change the international regime relating to broadcasts. In the summer of 2006, the Centre also made its first collective

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contribution, producing a report on the economics of extending copyright term for sound recordings for the Gowers Committee reviewing Intellectual Property law.

As well as publishing, members of the Centre were frequent invitees to forums and conferences. Professor Lionel Bently, for example, gave papers in Washington, Calcutta, Cleveland, Barcelona, Singapore, Parma, Oslo and Chicago, as well as Bournemouth and Oxford. Dr Kiddell was invited as an expert to the European Society of Human Genetics Workshop on Patenting and Licensing in Genetic Testing in Leuven, November 13-14, 2006, and gave a paper at a meeting of the Human Tissue Authority.

Dr Alexander gave papers at the 17th British Legal History conference, the Society of Legal Scholars and the British Literary and Artistic Copyright Society. Dr Seville gave a seminar for the Oxford Intellectual Property Research Centre. Dr Akester presented papers at the European Intellectual Property Institutes Network, Windsor 2006, and Gerzensee 2007, as well as at the VI Computer Law World Conference in Edinburgh 2006. She was also a Member of the International Program Committee for the International Association of Science and Technology for Development Conference on Law and Technology, MIT, Cambridge-Massachusetts, 2006.

After the Centre’s considerable success at attracting grants in 2005, we were delighted to have a further success in 2006. Dr Akester was awarded a two-year Leverhulme Fellowship to carry out research in the field of technological measures for protection of copyright. The award is matched by funding generously given by the Herchel Smith fund at Emmanuel College.

The Centre welcomed numerous visitors.

Visiting speakers included Professor Professor Bernt Hugenholtz, Professor Dirk Visser, Professor Annette Kur, Shira Perlmutter, Dr Alfredo Ilardi, Professor Silke von Lewinski, Professor Antoon Quaedvlieg, and Dr Christophe Geiger. Visiting researchers included Professor Gustavo Ghidini, Sophie van Loon, Associate Professor Robert Burrell, Associate Professor Justin Malbon, Dr Masui Tohru and Dr Tsunematsu.

Finally, Cambridge entered a team in the Oxford International Intellectual Property Mooting competition. Alexia Knight and Amber Slamaite reached the semi-finals where they lost by a whisker to Oxford.

Alexia was also awarded a prize for being ‘the Highest Scoring Individual Mooter’.

Lionel Bently Director, CIPIL

CIPIL SOUND RECORDING REPORT INFLUENCES GOWERS IP REVIEW A report written by the Centre of Intellectual Property and Information Law (CIPIL) reviewing the economic evidence relating to a proposal to extend the term of copyright in sound recordings has been relied on in a significant Government review. A Treasury Committee headed by Andrew Gowers has just completed a wide-ranging review of British intellectual property law. One of the most controversial matters it considered was whether to increase copyright term for sound recordings from its current period of 50 years to either 70 or 95 years. The record industry argued that this would be

good for Britain’s balance of trade, its British performers, and the record industry itself. Faced with complex economic claims, the Committee sought independent advice.

The CIPIL Report came out firmly against changing the existing position. The Report argued that no additional incentive effect could possibly be achieved by offering copyright term extensions to existing works, while such extensions would cause considerable damage to consumer welfare.

The Report also indicated that the increased incentive from prospective

extension was unlikely to be significant.

Arguments that Britain would benefit from such an extension in terms of balance of trade were also problematised. The Gowers Report, issued on 8th December 2006, adopted much of the reasoning, and recommended that the European Commission should retain the existing 50-year term.

The texts of both the Gowers and the CIPIL Reports are available on the HM Treasury website (www.hmtreasury.gov.uk)

CENTRE FOR EUROPEAN LEGAL STUDIES The Centre for European Legal Studies (CELS) seeks to engage with the academic community, opinion-formers and the professions to reflect on current legal issues within Europe.

judge of the European Court of Justice. The revised papers from the seminars have been published in the Cambridge Yearbook of European Legal Studies, Volume Eight (2005-6).

CELS’ relationship with the legal firm Shearman & Sterling LLP was cemented in 2006 and got underway with a Negotiation Game for second year students. The event, organised by CELS, took place on 4 February 2006 and was prepared and judged by members of Shearman & Sterling.

It proved a great success and clearly filled a gap in the Faculty’s extra-curricular activities. Shearman & Sterling also sponsor the CELS Lunchtime Seminars and the Mackenzie-Stuart Lecture.

The Mackenzie-Stuart Lecture for 2006 was given on 26 October by Professor Silvana Sciarra. Entitled Trusting Judges to Deliver Changes: EU Social Policies and the Case of Italy this lively talk provided insights into the way in which European law is adopted or not in national laws.

The CELS’ Lunchtime Seminars continue to provide a forum in which academics from Cambridge and outside present work-inprogress to a mixed audience of staff and students, mainly from the Law Faculty.

The seminars in 2005-6 encompassed a wide variety of topics. Our internal speakers included Professor Cheryl Saunders, Arthur Goodhart Visiting Professor of Legal Science and also of the University of Melbourne, examining Democracy, transparency and the demise of the Constitution, and Professor David Ibbetson talking on A Lesson from History: the Collapse of the European Ius Commune.

Their reflections on the contemporary ideas of a European constitution and the way legal texts were circulated in the sixteenth century demonstrate the breadth of European interests within the Faculty, which go well beyond the confines of European Union (EU) law. External speakers included Professor Malcolm Evans from the University of Bristol, presenting his paper Of More Than Symbolic Significance: Headscarves before the European Court of Human Rights and an open discussion seminar on current developments in the EU led by Professor Sir David Edward, a former

Professor Silvana Sciarra, the 2006 Arthur Goodhart Visiting Professor of Legal Science delivers the 2006 Mackenzie-Stuart Lecture CELS’ role as a facilitator of debates was reinforced by its assistance to the Department of Constitutional Affairs in the hosting of a workshop on the codification of the Criminal Law in January 2006. The event was attended by judges and scholars from a number of countries and by the Lord Chief Justice (who demonstrated both his physical vigour and environmental consciousness by arriving on his bike). It

was a success and will feed into the work of Sir Robin Auld, Chairman of an official group and offshoot of the Criminal Procedure Rule Committee charged with considering the possibility of creating for England and Wales a statutory Criminal Procedure Code. Faculty Members involved included Professor John Spencer, Professor Tony Smith, Dr Antje Pedain and Mrs Nicky Padfield.

CELS’ AHRC-funded project on European Legal Development is now in its second year.

The first stage has been completed, resulting in over thirty papers for six working groups that have examined the way in which liability for fault has evolved over the past 150 years in the areas of doctrinal development; traffic accidents; relations between neighbours; products liability; medical negligence; and technological change.

Ideas emerging from the groups suggest that in many areas, law has played a limited role in providing compensation for harm caused and in regulating conduct arising from new technological techniques. The project has brought together colleagues from France, Germany, the Netherlands, Spain, Italy and Sweden with a range of UK scholars, both senior and junior. There are two research students, Matt Dyson (studying criminal and civil fault in France, Spain and England) and Colm McGrath (studying medical liability in England and Germany), associated with the project. A number of academic visitors working on the project have been funded to work in the Faculty.

Publication of the first stage project groups’ reports is expected in 2007. Further details about the project can be found at http://eld.law.cam.ac.uk.

Further information about CELS’s and its forthcoming activities can be found at: http://cels.law.cam.ac.uk.

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CAMBRIDGE FORUM FOR LEGAL AND POLITICAL PHILOSOPHY The Cambridge Forum for Legal and Political Philosophy (CFLPP) reading/ discussion seminars have continued to run very successfully. The majority of participants are now from the Philosophy and History Faculties, but PhD students from the Law Faculty make up a substantial minority. In addition to organising the regular seminar meetings, the CFLPP sponsored six public lectures over the past academic year. In the Michaelmas Term, James Nickel of Arizona State University lectured on terrorism and supreme emergencies, and Jeffrey Goldsworthy of Monash University lectured on logic and policy in the law. In the Lent Term, Daniel Statman of the University of Haifa lectured on moral tragedies and national defense; Kevin Toh of Indiana University lectured on the semantic status of legal assertions; and Scott Shapiro of the University of Michigan lectured on the nature of law and on why we should care about the nature of law. In the Easter Term, William Edmundson of Georgia State University lectured on the virtue of law-abidance.

The next major CFLPP international conference takes place on 27-28 July 2007 and has been organised with valuable assistance from several dedicated individuals (mostly from the Philosophy Faculty) over the past nine months. The conference takes place in the year of the centenary of the birth

of H.L.A. Hart and will therefore be focused on the theme: ‘The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy’.

Seventeen eminent participants from the UK and North America will make up seven panels focused on all the main areas of Hart’s work. The following people will speak at the conference: John Finnis (Oxford University), David Lyons (Boston University), Sir Neil MacCormick (Edinburgh University), Gerald Postema (University of North Carolina), Jeremy Waldron (New York University), John Gardner (Oxford University), Antony Duff (University of Stirling), Judith Jarvis Thomson (MIT), Richard Wright (ChicagoKent College of Law), Susan James (Birkbeck College London), Hillel Steiner (University of Manchester), Leif Wenar (Sheffield University), Brad Hooker (Reading University), Philip Pettit (Princeton University), Alan Ryan (New College, Oxford), Leslie Green (York University, Ontario), and Susan Mendus (University of York, UK). The following people will chair panels: Ross Harrison (King’s College, Cambridge), Quentin Skinner (Cambridge University), Claire Grant (Birkbeck College London), Tony Honoré (Oxford University), Serena Olsaretti (Cambridge University), John Dunn (Cambridge University), and T.R.S. Allan (Cambridge University). We aim to attract 150-200 delegates to the conference, as we did to our conference in

2002. The Cambridge Centre for Research in the Arts, Social Sciences, and Humanities will be providing us with administrative assistance and we are receiving a very generous subsidy from the British Academy.

The conference will be classified as a British Academy Symposium. Churchill College and the Cambridge Law Faculty have likewise provided generous sponsorship, and we shall receive further subventions from the Analysis Trust (especially designed to facilitate the attendance of students at the conference). We hope to publish a collection of the papers from the conference with Oxford University Press.

Oxford University Press are also interested in exploring the possibility of publishing a journal that we at the CFLPP aim to produce. The journal, tentatively entitled ‘Legal and Political Philosophy Quarterly’, has largely been placed in abeyance while we concentrate on the organisation of the 2007 conference. After July, however, the journal will become our top priority. With OUP’s salutary assistance, we will investigate the market for such a journal. If all goes well, we hope to begin the production of the journal within 2-3 years. In the meantime, of course, our normal activities of seminars and public lectures will continue to thrive.

Matthew H. Kramer Director, CFLPP

CENTRE FOR CORPORATE AND COMMERCIAL LAW (3CL) The last issue of LawLink mentioned the first meeting of a network established to foster a Transatlantic Dialogue on financial services regulation at St John’s College, Cambridge in September/October 2005.

Discussions at that conference created the departure point for a research agenda now published by Eilís Ferran (Cambridge), Howell Jackson (Harvard), Niamh Moloney (Nottingham) and Kern Alexander (Warwick) entitled “Transatlantic Financial Services Regulatory Dialogue” ([2006] European Business Organization Law Review, 647 – 673). The Harvard Alumni Bulletin for Spring 2007 notes that partly as a result of the conference, Howell Jackson has co-written an article with two former students analysing the way the SEC regulates foreign exchanges, particularly those located in the EU. They recommended a change in SEC policy, and two senior SEC officials, one of whom attended the Cambridge conference, have since proposed changes in the SEC’s treatment of foreign exchanges and broker dealers. Several other authors have also

recently published papers that were presented in draft form and discussed at the conference. In April 2007, Eilís Ferran and John Armour of the 3CL participated in a roundtable discussion at Columbia Law School that built upon the previous discussions and explored a possible specific project on the extra-territorial application of US securities law.

The Transatlantic Financial Regulatory Dialogue Seminar Series grew out of this meeting and continued through 2006/07. The lively programme included: Professor Lord Eatwell (University of Cambridge) on Enforcement of Financial Services Regulation: Lessons for Europe and Beyond from British Experience; Dr Pamela Hanrahan (Melbourne University) on Conflicts of Interest in Investment Banks and Conglomerates: Citicorp and the Australian Securities and Investments Commission; Dr Jane Welch (European Corporate & Financial Law Centre, (BIICL)), on International Exchange Mergers; and Professor Luca Enriques

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(University of Bologna) on Regulatory Competition in Europe.

Other events organised under the auspices of the 3CL included: Sir Adrian Cadbury delivering a talk to Faculty students entitled The March of Corporate Governance: from Company Performance to Social Responsibility; Professor Howell Jackson (Harvard Law School) presenting an overview to Faculty students of empirical work on the intensity of financial regulation in different jurisdictions that he conducted with his Harvard colleague, Professor Mark Roe; Professor Paul Mahoney (University of Virginia School of Law) giving a talk to Faculty members and visitors on Public Utility Pyramids; and Dr Giesela Rühl (Max Planck Institute), conducting a seminar to for Faculty and students entitled: Recent Trends in the Private International Law of Contracts: Transatlantic Convergence and Economic Efficiency.

Eilís Ferran Co-Director, 3CL

CENTRE FOR PUBLIC LAW One of our main events in 2006 – along with the sixth Sir David Williams Lecture (see page 1) – was a conference, organised jointly with the Parole Board for England and Wales, examining the role and functions of the latter. This is currently an issue of major interest and importance: the entry into force of the Criminal Justice Act 2003 has had substantial implications for the work of the Parole Board; in particular, the new statutory regime focuses the attention of the Board more squarely on the decision whether or not to release the most serious offenders, and on re-releasing those who have been recalled to prison by the Executive. The conference was also timely in that the release on licence of convicted offenders is presently a matter of considerable interest to the general public, politicians and the media, not least because of certain high-profile examples of reoffending following release on licence. The conference was supported by a grant from the British Academy and opened with a keynote speech

by Sir Duncan Nichol, Chairman of the Parole Board. The gathering provided an invaluable opportunity for discourse between a wide range of decision-makers, policymakers and other interested parties: the conference was multi-disciplinary in approach, and brought together government officials, academics, probation officers, Board members, solicitors, barristers, and forensic psychiatrists and psychologists. The speakers’ papers were recently published in a collection edited by Nicola Padfield, entitled Who to Release? Parole, Fairness and Criminal Justice (Willan Publishing, 2007).

The Centre organised a number of one-off seminars last year. One such was convened at short notice in February following the introduction into Parliament of the Legislative and Regulatory Reform Bill – dubbed by critics the ‘Abolition of Parliament Bill’. As originally drafted, the Bill envisaged the conferral upon Ministers of sweeping powers to amend, repeal or replace Acts of Parliament. Although the statute book is replete with Ministerial powers to amend primary legislation, those envisaged by the Bill were unusually broad and serious questions arose about the constitutional propriety of such a drastic expansion of Ministerial power. Our seminar was attended by, amongst others, David Howarth, MP for Cambridge, and several of the six Cambridge professors whose letter to The Times first drew public attention to the Bill. The Legislative and Regulatory Reform Act 2006 is now on the statute book, but in a substantially modified form which meets many of the concerns raised at our seminar.

In March 2006, we held a seminar at the Canary Wharf offices of the Centre’s patron, Clifford Chance, examining contemporary issues arising from the current threats posed by terrorism and the way in which the UK

Lord Bingham discusses the sixth Sir David Williams Lecture with students at the Faculty government and legislators are responding to those threats. The seminar was chaired by Sir David Williams, and papers were given by three distinguished speakers. Professor David Dyzenhaus (University of Toronto) discussed the impact of anti-terrorism legislation on the rule of law, Professor David Feldman (University of Cambridge) focused on the new criminal offences introduced to combat the threat of terrorism and Nicholas Blake QC (Matrix Chambers) considered the restriction of asylum and detention procedures. The presentations prompted an insightful and thought-provoking discussion.

Also in March, the Centre heard from Professor Ibrahim Kaboglu (University of Marmara) and Professor Baskin Oran (University of Ankara), who, at that time, were being prosecuted for bringing Turkishness into disrepute, having published reports claiming that the Turkish security forces were acting unlawfully and in violation of rights in their anti-terrorism campaign against the Kurdistan Workers’ Party (or ‘PKK’). The seminar, at which a response was given by Professor Anthony Bradley (University of Oxford), afforded a fascinating insight into both the case and the freedom of speech implications of Article 301 of the Turkish Penal Code under which the defendants had been charged. Following an international campaign among public and human rights lawyers in support of the two defendants, the charges have now been dismissed.

The Centre last year launched a programme of lunchtime workshops for doctoral students, providing them with a forum in which to present their work to Faculty members and students interested in public law. The first seminar was given by Jacqui Mowbray, whose dissertation is on The Effect of Public International Law on State Language Policy in the Field of Education, and five more such workshops are planned for 2007. Meanwhile, in summer 2006, the Centre hosted a seminar which brought

together Cambridge and Vienna University students, who delivered papers on a range of public law topics, leading to useful and interesting discussions between the British and Austrian parties.

The Public Law Discussion Group, convened

by Professor Trevor Allan, continued to meet frequently in 2006, beginning with a paper by Professor David Dyzenhaus entitled, Are States of Emergency Inside or Outside the Legal Order? Later in the year, Professor David Feldman explored some of the issues arising from his inaugural lecture, None, One or Several? Perspectives on the UK’s Constitution(s) ((2005) 64 CLJ 329), and the visiting Goodhart Professor, Cheryl Saunders (University of Melbourne), spoke on The Anatomy of the Australian Constitution and The Use and Abuse of Comparative Constitutional Law. Most recently, the Group heard, in Michaelmas 2006, from Dr Aileen Kavanagh (University of Leicester) on Judicial Deference under the Human Rights Act 1998; Professor Denis Baranger (University of Paris II) on the roles of the Executive in English and French law; and Professor Cristóbal Orrego (University of the Andes) on The Rule of Law and the Power of Judges.

The Centre has already hosted a number of events in 2007 – most notably a major conference on ‘Extreme Speech and Democracy’ in April and the seventh Sir David Williams Lecture, delivered in May by The Hon Mr Justice Arthur Chaskalson, Retired Chief Justice of South Africa – which will be fully reported in the next issue of LawLink. The Centre has a number of other events planned for 2007 and 2008, including the eighth Sir David Williams lecture, to be given by the Rt Hon Dame Sian Elias, Chief Justice of New Zealand, in May 2008.

Details of forthcoming events can be found on our website, http://cpl.law.cam.ac.uk.

Mark Elliott Assistant Director, CPL

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CENTRE FOR TAX LAW The Centre for Tax Law (CTL) has continued to find topics and speakers who have come to Cambridge to share their thoughts and ideas with us and we are all very grateful to them. We are no less grateful to those who participate in our discussions – especially as the level of discourse encouraged by holding the meetings under Chatham House rules is both deep and revealing. Details of activities held or organised by the Centre are available from the Centre’s website http://ctl.law.cam.ac.uk.

The purpose of the Centre is to encourage and develop the study of tax law and the publication of books on tax law. A result of such is a work by Dr Peter Harris on ‘Income Tax in Common Law Jurisdictions’ which is the first volume in the Cambridge Tax Law Series published by Cambridge University Press. Mention should also be made of Peter Holgate’s Accounting Principles for Lawyers which appeared as part of Cambridge University Press’s new ‘Law Practitioner Series’. Peter Holgate gave us an enthralling day on these matters in a workshop in an earlier year.

July 2006 saw the third Tax Law History Conference. Like the first in October 2002 it was held in Lucy Cavendish College and was another great success, with 19 excellent papers presented by scholars from several countries and several disciplines. This year we decided to concentrate more on

Participants of CTL’s Third Tax Law History Conference in July 2006 enjoyed themselves socially as well as intellectually continental Europe than on the United States but once again we were rewarded by a fascinating and diverse series of papers.

Hart Publishing of Oxford has now duly published a book of the papers given at the second Tax Law History Conference in 2004 – Studies in the History of Tax Law: Volume II. The title is accurate if not totally gripping.

The future of the Centre remains bright. Our various benefactors and supporters – including the Chartered Institute of Taxation and KPMG, as well as the Inland Revenue (now Her Majesty’s Revenue and Customs) – seem well pleased with us and we are very pleased for them.

John Tiley Director, CTL

CAMBRIDGE SOCIO-LEGAL GROUP The Cambridge Socio-Legal Group was established in 1997 as an interdisciplinary discussion forum concerned with promoting debate on topical socio-legal issues, including those with relevance to policy-making. It is hosted by the Faculty of Law (including the Institute of Criminology) and by the Centre for Family Research of the Faculty of Social and Political Sciences.

The Group serves to bring together people from different faculties across the University (Law, Criminology, Social and Political Sciences, Biology, and other sciences etc.) as well as prominent socio-legal scholars from other institutions.

The Cambridge Socio-Legal Group provides a focus for those in the University engaged in socio-legal research, and a basis for linking with the broader world of socio-legal scholarship in Britain and abroad. The Group holds occasional seminars, at least one a term. In the Michaelmas Term 2006, Elizabeth Burney (one time staff writer for the Economist and research fellow at Goldsmith’s College now Honorary Research Fellow at the Institute of Criminology) gave a talk on Antisocial Behaviour Orders (ASBOs)

and issues relating to their social use and legality.

The Group’s activities chiefly revolve around an annual symposium and on the production of books, including: What is a Parent: A Socio-Legal Analysis; Body Lore and Laws; Children and Their Families: Contact, Rights and Welfare, and Kinship Matters (all published by Richard Hart).

Kinship Matters, (published in 2006), brings together contributions from scholars in a range of disciplines and examines social, legal, criminal justice, cultural and psychological questions related to kinship.

The book, edited by Fatemah Ebtehaj, Bridget Lindley and Martin Richards, includes contributions from Law Faculty members Andrew Bainham, Loraine Gelsthorpe and Mike Oldham, and explores the issues from various perspectives, drawing on theoretical and empirical data to describe practices of kinship in contemporary Britain.

In September 2006, the Faculty’s Institute of Criminology was pleased to host a symposium on Death. Death holds ethical, religious, personal, social, legal,

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psychological and medical complexities.

Indeed, death is one of the main areas in which medicine and the law intersect, with doctors applying to courts, for example, for permission to allow a patient to die, or to allow a dead partner’s tissue to be used to create a family. Ethically, nations can be judged on how they deal with, or cause, death.

Participants in this fascinating three day symposium on death thus explored the medico-legal issue of how death is defined by law, the legal rights of the dead from a jurisprudential perspective, how death is valued (in terms of compensation for death under tort law), the human right to die, criminal offences against the dead, historical funeral and mourning rites, contemporary and comparative customs and trends in death and dying, police investigations of death and homicide, and representations of death in different discourses. A book entitled ‘Death Rites and Rights’ will appear in due course.

Loraine Gelsthorpe, Chair, Cambridge Socio-Legal Group

LAUTERPACHT CENTRE FOR INTERNATIONAL LAW Changes and anniversaries provide opportunities to consider the past and imagine the future and 2006 provided such opportunities for the Lauterpacht Centre for International Law. The first major change took place in April 2006 when Centre Director Daniel Bethlehem, QC was appointed Legal Adviser to the Foreign and Commonwealth Office. Whewell Professor James Crawford will fill the position until a permanent director is appointed. The next important change came with the retirement of the Centre’s long-time administrator, Anne Skinner in May 2006. Anita Rutherford took over as Administrator in September 2006 and serves as the first point of contact for inquiries to the Centre.

That these important changes coincided with the planning of a celebration to mark the Centre’s 25th anniversary in 2008 has created an additional sense of renewal and reaffirmation of the Centre’s purpose to serve as a gathering place and focal point for the research and development of international law both in Cambridge and for colleagues from around the world. The Centre’s Friday lunchtime lectures and Hersch Lauterpacht Memorial Lectures continue to thrive and to attract attention throughout the Cambridge community and beyond. The Centre also hosted a week-long intensive international law course for lower and mid-level diplomats from the Foreign and Commonwealth Office. The course included a session on legal research in the state-of-the-art Freshfields Legal IT Centre at the Squire Law Library.

In 2006, we were honoured to welcome two Lauterpacht lecturers – in February, Judge Jean-Pierre Cot of the International Tribunal for the Law of the Sea delivered a lecture on American Legal Thinking and International Law: A French Perspective and in November, Sir Michael Wood KCMG, former Legal Adviser to the Foreign and

Acting Director Dr Charlotte Ku with former Director Mr Daniel Bethlehem QC, Senior Fellow Sir Michael Wood KCMG, Professor Sir Elihu Lauterpacht QC and Dr Andreas Rigo at the 2006 Hersch Lauterpacht Memorial Lectures Commonwealth Office and Lauterpacht Centre Senior Fellow, lectured on the United Nations Security Council and International Law. Two earlier Lauterpacht lectures were published by Cambridge University Press in 2006: John H. Jackson’s, Sovereignty, the WTO and Changing Fundamentals of International Law and Jan Paulsson’s, Denial of Justice in International Law. Highlights of the research output and professional activity of the Centre’s Fellows include the publication of the second edition of Centre Director Professor James Crawford’s The Creation of States in International Law by Oxford University Press; and the publication of Centre Deputy Director Dr Roger O’Keefe’s The Protection of Cultural Property in Armed Conflict as part of the Cambridge Studies in International and Comparative Law. Publishing remains an important part of the Centre’s activities with staff based at the

Centre responsible, amongst other things, for the compilation and production of the International Law Reports, the ICSID Reports and the International Environmental Law Reports.

Visiting Fellows from around the world continue to find their way to the Lauterpacht Centre for research stays from one week up to the maximum of two years – thirty-six visiting fellows and scholars were at the Centre in the 2005/6 academic year.

Centre activities and developments are now regularly reported on through an electronically distributed newsletter called ‘From the Director’. Anyone wishing to receive this bulletin or further information about the Lauterpacht Centre can do so through the Centre’s newly revamped website at http://www.lcil.cam.ac.uk.

Charlotte Ku Acting Director, Lauterpacht Centre (Michaelmas 2006 – Lent 2007)

NICHOLAS SINCLAIR-BROWN: 1949 – 2006 Nicholas Sinclair-Brown, Fellow of the Lauterpacht Centre and a Vice President of Hughes Hall, sadly passed away on 23 March 2006 in London after a long and doughty fight against cancer. His wife Katerina was with him. The Centre has lost a long-standing companion and friend.

Nick taught on the International Relations M.Phil and M.Stud. on issues of general international law, trade and investment, and sustainable development, and was an advisor to the Centre for Sustainable Development Law at McGill University. His additional research

interests included the history international maritime salvage law.

of

Nick had, on behalf of the Centre, been one of the organisers of annual conferences on the CITES Convention funded by the UK government and the European Commission. His papers and articles included: UK and European Export Controls on Military and Anti Terrorist Equipment; The International Regulation of Endangered Species; International Regulatory Design; and The Challenge of Trade Measures to Sustainable Development Law.

Katerina and the Centre dedicated a bench in memory of Nick in the Centre Gardens on 31 May 2006

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THE INSTITUTE OF CRIMINOLOGY Accolade for Cambridge criminologist

British Academy Fellowship for research into the effects of parental imprisonment

Professor Friedrich Lösel, Director of the Institute of Criminology, and Professor John Braithwaite of the Australian National University were co-recipients of the first Stockholm Prize in Criminology. The prize was set up under the aegis of the Swedish Ministry of Justice in 2006 and is awarded annually in recognition of outstanding achievements in criminological research or for the application of research results by practitioners leading to the reduction of crime and the promotion of human rights.

Dr Joseph Murray has been awarded a three-year British Academy Postdoctoral Fellowship at the Institute of Criminology to continue his research on the effects of parental imprisonment on children. With the prison population in the UK (and in many other countries worldwide) at its highest level in history, research in this area is increasingly important, particularly since theoretical reasons exist that suggest that parental imprisonment might contribute to the intergenerational cycle of offending.

The independent scientific jury took special note of Professor Lösel’s work on the effectiveness of correctional treatment and cited both the scientific excellence of the work and its increasing influence on public policies likely to reduce crime and advance human rights.

Dr Murray completed his doctorate at the Institute of Criminology in 2006, under the supervision of Professor David Farrington, where he conducted the first long-term, systematic investigation of the effects of parental imprisonment on children. He achieved this using two classic studies in criminology that followed children born in the 1950s, through adolescence, into their adult lives: the Cambridge Study in Delinquent Development in England; and Project Metropolitan, in Sweden.

The award was presented at a ceremony in the Swedish capital on 16 June 2006.

European Science Foundation funded workshop In July 2006, Dr Mandeep Dhami of the Institute of Criminology convened an exploratory workshop on the topic of ‘Judgment and Decision Making as a Skill’. This was one of only 15 such workshops funded by the European Science Foundation that year. The Institute of Criminology hosted the small group of invited scientists from across Europe ,including Germany, France, Sweden, Switzerland and Spain. Over two days, through a combination of individual presentations, small group discussions, and large group synthesising sessions, the workshop explored a vast number of issues relating to judgment and decision making (JDM).

The workshop emphasised the importance of gaining a coherent and comprehensive scientific understanding of the acquisition of JDM competence. Exploration of the issues not only guides the formulation of JDM theories and decision aids and training; but can also serve to change assumptions that many policy makers have about the JDM competence of specific social groups. For example, demonstrating that adolescents are not too dissimilar from adults in their JDM could affect how the legal system construes the criminal responsibility of young offenders.

Further details of the process and outcomes of the workshop can be found at http://www.crim.cam.ac.uk/ESF.

results from the 1950s will replicate among today’s prison populations. He will also conduct another cross-national comparison with Holland, to explore whether other social policies might protect children from adverse effects of parental imprisonment.

Another aim of the Fellowship is to investigate how family environments and children’s cognitive and social skills influence their reactions to negative life events. This strand of research will consider the effects of other negative life events on children, such as financial crises in the family, parental mental illness, and disease and accidents in the family. A large-scale study of children in Switzerland, the Zurich Project on the Social Development of Children (directed by Dr Manuel Eisner, Institute of Criminology) will be used to investigate these issues.

In England, parental imprisonment was shown to be a strong predictor of children’s later crime and mental health problems, even after taking into account other social disadvantages experienced by the children of prisoners. A striking finding, however, was that in Sweden, parental imprisonment did not predict children’s own criminal behaviour nearly as strongly as it did in England. This cross-national difference suggested that family-friendly prison practices, social welfare policies, and sympathetic public attitudes towards crime and punishment (as were found in Sweden) might mitigate the effects of parental imprisonment on children.

In his British Academy Fellowship, Dr Murray will investigate whether his

Information on the Institute of Criminology and its work can be found online at http://www.crim.cam.ac.uk

Dr Dhami gives address at University of Leeds In April 2006, Dr Mandeep Dhami, a lecturer at the Institute of Criminology, was invited to present her research on Legal Standards of Proof as Fuzzy Subsets of the Probability Interval to the University of Leeds Business School.

Her lecture described how, in criminal trials, it was difficult – if not impossible – to determine what actually occurred in the past; and that this lack of certainty lead jurors to rely on standards of proof that represented probabilities on a 0-1 scale.

Standards such as ‘beyond a reasonable doubt’ specified the degree of belief in guilt required before conviction; so the way in which a standard was interpreted (i.e., the

14 | LawLink | Faculty of Law Newsletter | Issue 7 | Spring 2007

level of probability it represented) could determine the verdict that was rendered.

Dr Dhami outlined the experimental research she had conducted, which demonstrated that people did not interpret ‘beyond a reasonable doubt’ as intended by law makers and judges; but that there were wide inter- and intra-individual variations in peoples’ interpretations of this standard.

Interpretations were affected by features of the case as well as the judges’ instructions.

The advantages and limitations of the methods used to measure peoples’ interpretations of criminal standards were also discussed.

CONGRATULATIONS TO… Mr Neil Andrews, who was elected a Bencher of the Middle Temple.

Dr Patricia Akester, who was awarded a Leverhulme Early Career Fellowship.

Professor Sir John Baker, who was awarded a gold medal by the Irish Society for Legal History.

Professor Malcolm Clarke, whose book ‘Policies and Perceptions of Insurance in the 21st Century’, (Oxford, 2005) won the British Insurance Law Association’s annual book prize for 2006.

Professor James Crawford, who was awarded an Honorary Doctorate by the University of Paris I. Dr Mark Elliott, who was promoted to a Senior Lectureship in the 2005 Senior Academic Promotions Exercise.

DEPARTURES....

We are grateful to the following for all that they have done for the Faculty, and wish them the very best for the future: Mr Daniel Bethlehem (Lauterpacht Centre Director and Clare Hall) was appointed Foreign Office Legal Adviser in succession to Sir Michael Wood.

Dr Charlotte Ku has both arrived and departed since the last issue of Lawlink.

She did a marvellous job as Acting Director of the Lauterpacht Centre for International Law from October 2006 – February 2007 before taking up a post as Director of Graduate and International Legal Studies at the University of Illinois at Urbana-Champaign College of Law. Dr Claire Kilpatrick (Emmanuel College) was appointed to Senior Lectureship at the London School of Economics.

Professor David Feldman, who was made a Fellow of the British Academy.

Dr David Fox, who was promoted to a Senior Lectureship in the 2005 Senior Academic Promotions Exercise.

Professor Christine Gray, who was promoted to a Professorship in the 2006 Senior Academic Promotions Exercise.

Professor Friedrich Lösel who was the joint recipient (with John Braithwaite of the Australian National University) of the first Stockholm Prize for Criminology.

Dr Susan Marks, who was promoted to a Readership in the 2006 Senior Academic Promotions Exercise.

Professor Sir Bob Hepple, who was awarded an Honorary LLD by the University of Capetown.

Professor Alison Liebling, who was promoted to a Professorship in the 2006 Senior Academic Promotions Exercise.

Professor James Crawford with Professor Djamshid Momtaz at the Sorbonne Tony’s many contributions to the life and work of the Faculty (particularly as a former Chair), the University and the College are recorded in the Chair’s letter.

We miss him.

….AND ARRIVALS The Faculty welcomes the following appointments/transformations: Professor Simon Deakin (Peterhouse) has returned to a Professorship in the Faculty having previously been the Robert Monks Professor of Corporate Governance in Judge Business School.

Ms Amy Goymour (Downing College) has been appointed to the Hopkins/Parry Fellowship in Law at Downing College.

She was previously a College Teaching Officer at Fitzwilliam College.

Dr Susan Marks (Emmanuel College) was appointed to a Chair in International Law at King’s College London.

Dr Catherine MacKenzie (Lucy Cavendish College) has been appointed to a Lectureship in the Department of Land Economy. Catherine was previously the ECI Research Fellow in Law at Green College, Oxford.

Dr Lavanya Rajamani (Queens’ College) has returned to India to take up an Associate Professorship in the Centre For Policy Research in New Delhi.

Mr Jean Meiring (New Hall) has been appointed to a Fellowship at New Hall.

Jean is also currently studying for a PhD in the Faculty.

Professor Cheryl Saunders (Jesus College) returned to her professorship at Melbourne Law School after her year with us as Arthur Goodhart Professor of Legal Science.

Ms Louise Merrett (Trinity College) has been appointed to the Lovells Lectureship in Commercial Law, a post generously funded by Lovells. Louise was previously a College Teaching Officer in Trinity.

Professor Tony Smith (Gonville and Caius College) was appointed to the position of Dean of Law, Professor in the Faculty of Law and Pro-Vice-Chancellor (Government Relations) at the Victoria University of Wellington in New Zealand.

Mr Alex Mills (Selwyn College) has been appointed to the Slaughter and May College Lectureship at Selwyn College, a post generously funded by Slaughter and May. Alex is also currently studying for a PhD in the Faculty.

Dr Oke Odudu (Emmanuel College) has returned to Cambridge to take up the Herchel Smith Lectureship at Emmanuel College. He was previously a Lecturer in Competition Law at King’s College, London.

Dr Jens Scherpe (Gonville and Caius College) has moved from Trinity College to take up a position as a College Teaching Officer at Gonville and Caius College.

Professor Silvana Sciarra joins from the Dipartimento di Diritto Privato e Processuale at the University of Florence as this year’s Arthur Goodhart Professor of Legal Science. She’s teaching an LLM course on European Social Rights and Economic Integration.

Mr Ian Williams (Christ’s College) has been appointed to a College Lectureship and Fellowship in Law at Christ’s College.

Ian is also currently studying for a PhD in the Faculty.

Dr Richard Williams (Homerton College) has been appointed to a College Lectureship at Homerton College. He was previously a lecturer in law at Cardiff University.

Ms Margaret Young (Pembroke College) has been appointed to the McDermott Will and Emery Research Fellowship in Public International Law at Pembroke College and the Lauterpacht Centre. The fellowship is jointly funded by McDermott Will and Emery LLP, the Thornton Law Fund and the Lauterpacht Centre. Margaret is also studying for a PhD in the Faculty.

LawLink | Faculty of Law Newsletter | Issue 7 | Spring 2007 | 15

MAJOR PUBLICATIONS BY FACULTY MEMBERS John Armour. After Enron: improving corporate law and modernising securities regulation in Europe and the US. Oxford: Hart Publishing, 2006 Andrew Bainham (ed). International survey of family law 2006. Bristol: Jordans, 2006 Catherine Barnard. EC employment law, 3rd ed. Oxford: Oxford University Press, 2006 John Bell. Judiciaries within Europe: a comparative review. Cambridge: Cambridge University Press, 2006 John Bell and Claire Kilpatrick (eds).

Cambridge Yearbook of European Legal Studies, 2005-2006, Vol 8. Oxford: Hart Publishing, 2006 Malcolm Clarke. The law of insurance contracts, 5th ed. London: LLP Professional Publishing, 2006 William Cornish (ed). Cases and materials on intellectual property, 5th ed. London: Sweet & Maxwell, 2006 Martin Dixon. Land law, 2nd rev ed.

London: Cavendish, 2006 David Farrington. Saving children from a life of crime: early risk factors and effective interventions. Oxford: Oxford University Press, 2007 David Farrington, Lawrence W Sherman, Brandon C Welsh and Doris Layton MacKenzie (eds). Evidence-based crime prevention. London: Routledge, 2006 David Farrington, Brandon C Welsh (eds).

Preventing crime: what works for children, offenders, victims and places. Dordrecht: Springer, 2006 Peter Harris. Income tax in common law jurisdictions.

Cambridge: Cambridge University Press, 2006 (Cambridge Tax Law Series)

Nicholas McBride. Letters to a law student: a guide to studying law at university.

Harlow: Pearson Longman, 2007 Louise Merrett and Raymond Cox. Private international law of reinsurance and insurance. London: Informa UK Ltd, 2006 (Lloyd’s Insurance Law Library) Okeoghene Odudu. The boundaries of EC competition law: the scope of article 81.

Oxford: Oxford University Press, 2006 Mika Oldham. Statutes on family law, 2006/2007. Oxford: Oxford University Press, 2006 Roger O’Keefe. Protection of cultural property in armed conflict. Cambridge: Cambridge University Press, 2006 (Cambridge Studies in International & Comparative Law) Janet O’Sullivan and Jonathan Hilliard. The Law of contract, 2nd ed. Oxford: Oxford University Press, 2006

Len Sealy and David Milman. Sealy & Milman’s annotated guide to the insolvency legislation, 9th ed. London: Sweet & Maxwell, 2006 Len Sealy, A G Guest et al. Benjamin’s sale of goods, 7th ed. London: Sweet & Maxwell, 2006 Catherine Seville. Buccaneers and the black flag in the nineteenth century. Cambridge: Cambridge University Press, 2006 (Cambridge Studies in Intellectual Property Rights) A T H Smith. Glanville Williams: Learning the law, 13th ed. London: Sweet & Maxwell, 2006 John Spencer. Evidence of bad character.

Oxford: Hart Publishing, 2006 John Spencer and Antje du Bois-Pedain.

Freedom and responsibility in reproductive choice. Oxford: Hart Publishing, 2006

Nicola Padfield. Criminal law, 5th ed.

Oxford: Oxford University Press, 2006

John Tiley, David Collinson, et al. Tiley and Collison’s UK tax guide. London: LexisNexis, 2006

Nicola Padfield. Archbold magistrates courts criminal practice. London: Sweet & Maxwell, 2006

Graham Virgo. The principles of the law of restitution, 2nd ed. Oxford: Oxford University Press, 2006

Amanda Perreau-Saussine and James Murphy (eds.). The nature of customary law: philosophical, historical and legal perspectives.

Cambridge: Cambridge University Press, 2006.

Andrew von Hirsch, Kurt Seelman and Wolfgand Wohlers (eds). Mediating principles. Baden-Baden: Nomos, 2006

Jens Scherpe and Nadjma Yassari. The Legal status of cohabitants. Tubingen: Mohr Siebeck, 2005 Silvana Sciarra. The Evolution of labour law (1992-2003). Luxembourg: Office for Official Publications of the European Communities, 2005

Angus Johnston, Basil S Markesinis, and Hannes Unberath. The German law of contract: a comparative treatise. Oxford: Hart Publishing, 2006 Angus Johnston and Piet-Jan Slot. An introduction to competition law. Oxford: Hart Publishing, 2006 Matthew H Kramer, Ian Carter and Hillel Steiner (eds). Freedom: a philosophical anthology. Oxford: Blackwell Publishing, 2006 Karen Lee (ed), Iran-U.S. Claims Tribunal Reports. Cambridge: Cambridge University Press, 2006 16 | LawLink | Faculty of Law Newsletter | Issue 7 | Spring 2007

Tony Weir. An Introduction to tort law, 2nd ed. Oxford: Oxford University Press, 2006 Per-Olof Wikström and David Butterworth.

Adolescent crime: individual differences and lifestyles. Cullompton: Willan, 2006 Per-Olof Wikström and Peter Sampson (eds). The explanation of crime. Cambridge: Cambridge University Press, 2006