Ewch i’r prif gynnwys
Dr Bharat Malkani

Dr Bharat Malkani

Uwch-Ddarlithydd

Ysgol y Gyfraith a Gwleidyddiaeth

Email
malkanib@cardiff.ac.uk
Telephone
+44 (0)29 2087 5454
Campuses
Room 3.02A, Adeilad y Gyfraith, Rhodfa'r Amgueddfa, Caerdydd, CF10 3AX

I research and teach in the fields of human rights and criminal justice, with a particular focus on the death penalty. My research has been published in leading national and international journals, including Public Law, Criminal Law Review, European Human Rights Law Review, and International & Comparative Law Quarterly. The United Nations, the UK Supreme Court, and various charities have all used and cited my work.

I volunteer for a charity called Amicus, which provides assistance to attorneys in America defending people facing the death penalty, and I am also involved with the School of Law and Politics' various pro bono projects, including the Innocence Project.

I have a keen interest in clinical legal education, and I believe that students' learning experience is enhanced by putting their academic studies into practice. I founded and led Birmingham Law School's Pro Bono Group for 9 years, and the Group was awarded the prize for Best Contribution by a Law School in the LawWorks & Attorney General Student Awards 2017.

Prior to joining academia I was a legal researcher at the American Bar Association Juvenile Justice Center from 2002 - 2004, where I assisted with a nationwide effort to abolish the death penalty for offenders under the age of 18. I helped lawyers representing death-eligible juveniles, and I co-authored an Amicus Curiae Brief on the role of international human rights law in interpreting the Eighth Amendment, which was cited with approval by the US Supreme Court in Roper v Simmons 543 US 551 (2005), in which the Court outlawed the juvenile death penalty.

Education and qualifications

  • 2009: PhD, University of Bristol
  • 2002: LLM, University of Nottingham
  • 2000: LLB, University of Bristol

Career overview

  • 2017 - present: Senior Lecturer, School of Law and Politics, Cardiff University
  • 2008 - 2017: Lecturer, Birmingham Law School, University of Birmingham

Other achievements

  • 2017: LawWorks & Attorney General Student Awards 2017: Best Contribution by a Law School Awarded for Birmingham Law School's Pro Bono Group
  • 2013: Young Scholar Prize Awarded by the Editorial Board of the International and Comparative Law Quarterly for the most outstanding article by an author under the age of 35
  • 10:Post-Graduate Certificate in Learning and Teaching in Higher Education

2019

  • Malkani, B. 2019. Extradition and non-refoulement. In: Steiker, C. S. and Steiker, J. M. eds. Comparative Capital Punishment. Research Handbooks in Comparative Law Edward Elgar Publishing, pp. 76-95.

2018

2017

2015

2014

2013

2012

2011

2008

Courses currently taught:

  • Criminal Law LLB
  • International Human Rights Law LLB

Courses previously taught

  • Human Rights and Criminal Justice LLB
  • Public International Law LLB
  • Human Rights and Criminal Justice LLM
  • Sentencing and Penal Policy LLM
  • International Human Rights Law LLM
  • The Death Penalty in Law and Practice LLM

Current projects:

Monographs:
Slavery and the Death Penalty: A Study in Abolition (forthcoming, Ashgate, 2018)

Edited collections:
Re-imagining Clinical Legal Education (forthcoming, Hart, 2018) (with Steven Vaughan, Linden Thomas, and Theresa Lynch)

Chapters in edited collections:
Extradition and non-refoulement in Carol Steiker and Jordan Steiker (eds) Comparative Capital Punishment Law (forthcoming, Elgar Edwards, 2018)

Journal articles:
'Beastly Humans', Law Cultures and the Humanities (forthcoming, 2018)

Publications:

Journal articles:

  • The Death Penalty's Dark Side (2017) 74 Washington & Lee Law Review Online Edition 184 (with Kevin Barry)
  • Dignity and the death penalty in the United States Supreme Court (2017) 44(2) Hastings Constitutional Law Quarterly 145-201
  • Voices of the condemned: A comparative study of slave narratives and the testimonies of death row exonerees [2014] Law, Culture and the Humanities 1-21 (online first version)
  • The obligation to refrain from assisting the use of the death penalty (2013) 62(3) International and Comparative Law Quarterly 523-556 (winner of Young Scholar Award 2013)
  • Sentencing children who kill: one giant leap for the US Supreme Court, one small step for international human rights law (2012) 12 Human Rights Law Review 801-813
  • A rights-specific approach to section 2 of the Human Rights Act (2012) 5 European Human Rights Law Review 516-528
  • Human rights treaties in the English legal system [2011] Public Law 554-577 (translated into Japanese by Junâchi Satoh. See (2013) 18 Journal of Osaka Sangyo University 225)
  • Article 8 of the European Convention on Human Rights and the decision to prosecute [2011] Criminal Law Review 943-956

Chapters in edited collections:

  • Law schools and Pro Bono initiatives: Student motivations, perceptions, and experiences at the University of Birmingham in Paul McKeown and Chris Ashford (eds), Social Justice and Legal Education (Cambridge Scholars, in print, forthcoming 2017) (6000 words) (with Linden Thomas)
  • The judicial use of international and foreign law in death penalty cases: A poisoned chalice? in Austin Sarat (ed) Is the Death Penalty Dying? (Studies in Law, Politics and Society) (Elsevier, 2008) pp.161-194

Book Reviews:

  • John Bessler, ˜The Death Penalty as Torture' (Carolina Academic Press 2017) (2018) 18 Human Rights Law Review (in print, forthcoming)
  • John Bessler, 'The Birth of American Law: An Italian Philosopher and the American Revolution' (Carolina Academic Press 2014) (2015) 49(4) Journal of American Studies (online only)

Other:

  • The Death Penalty for Foreign Nationals and Migrant Workers Oxford Human Rights Hub Blog, 24 June 2015
  • Why is the US Supreme Court reviewing the lethal injection? BBC News, 11 May 2015
  • It's time to stop sending children to die behind bars The Guardian, 27 March 2015
  • The death penalty for non-lethal crimes is wrong Newsweek, 27 February 2015
  • 50 years since the last execution, can the UK help end the death penalty worldwide? The Conversation, 13 August 2014
  • '12 Years a Slave': What a story about slavery can teach us about today's death penalty The Huffington Post, 3 January 2014
  • Warren Lee Hill and the ghosts of death penalty past, present and future The Huffington Post, 18 July 2013
  • Is complicity with the death penalty illegal? UK Human Rights Blog, 17 July 2013
  • The Government's shameful treatment of Lindsay Sandiford The Huffington Post, 25 May 2013

I am interested in supervising PhD students in the areas of:

  • Capital punishment
  • Other harsh punishments, such as solitary confinement and life sentences
  • Human rights and criminal justice

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