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Research Round Up April 2014

6 May 2014

Cardiff Law School Research Round-Up for April 2014.

Conference Presentations

Professor Luke Clements

Professor Clements was the Key Note speaker at a training conference for the Serbian judiciary on 25th April 2014 in Belgrade (concerning ‘The Prohibition of Discrimination in European Law and Serbian Legislation and Practice’). The seminar is part of ‘Rule of Law and European Integration in Serbia’programme funded by the UK Foreign and Commonwealth Office and Westminster Foundation for Democracy and coordinated by the AIRE Centre, London.

Professor Norman Doe

On Friday 25 April Professor Doe gave a guest lecture at the biennial conference of the Ecclesiastical Law Association which consists of the Registrars of all of the Dioceses of the Church of England; registrars are solicitors. The lecture was entitled: Registrars and Reductionism: The Use of Maxims in Ecclesiastical Law. The meeting took place at Falmouth in Cornwall.

Dr Atina Krajewska

Dr Krajewska presented at a Staff Seminar at the Law Department of Warsaw University (Chair of European Law) on the 24 April 2014. The topic was: "New technologies predicting future - the problem of evidence in science and law". She also gave two lectures on European Biomedical Law as part of UG and PG EU law modules.

Professor Ambreena Manji

Professor Manji presented a paper entitled 'The Constitution and the Fence: The Struggle for Karura Forest Nairobi' at a workshop on ‘Building the City: Urban Planning and Practice in East Africa’ at the British Institute in Eastern Africa, Nairobi and a workshop on ‘Reconfiguring Landscapes and Bio-cultural Frontiers in Eastern Africa’ also at the BIEA.

She also gave the keynote address at the Heinrich Boell Stiftung's Gender Forum in Nairobi, on the topic 'Recognising Women's Care Labour'.

Roseanne Russell and Dr Lydia Hayes

Roseanne Russell and Dr Lydia Hayes presented a paper at a symposium on 'New Frontiers in Empirical Labour Law Research' at the University of Cambridge on 14 April 2014. 'Asking "the woman question" of labour law scholarship: an appraisal of methodological approaches and ontology in use when women are represented in labour law research'.

Dr Lydia Hayes

Presented 'Zero-hours contracts as sex-based pay discrimination: a case to be made?' at the Socio-legal Studies Association conference in Aberdeen.

She also presented a further paper in conjunction with Professor Sian Moore of UWE on the subject 'Contracting for employability in home care: Zero-hours, electronic monitoring and the de-commodification of working time' at the International Labour Process Conference at Kings College London.

Emma Borland (PhD student)

Emma Borland presented at the Refugee Law Initiative, University of London, Doctoral Affiliates
Network, Second Postgraduate Workshop on International Refugee Law on Friday, 25th
April 2014 at Senate House, London.

Her paper was entitled: Fair Enough? Strasbourg's Reluctance to Find Article 6 ECHR Engaged in Asylum Disputes

Absract

Despite growing evidence that incremental restriction on the provision of legal aid in the United Kingdom (UK) can compromise the fairness of asylum adjudication, the protection of Article 6 of the European Convention on Human Rights (ECHR), the right to a fair hearing, does not currently extend to disputes concerning the lawfulness of decisions to refuse asylum. While other procedural protections exist under the ECHR (Article 13) and EU law (Article 47 of the Charter of Fundamental Rights and under the EU Asylum Procedures Directive), these, currently, are of limited scope and application. However, the development of the Common European Asylum System (CEAS) and the new environment created by the EU Charter of Fundamental Rights (following the entry into force of the Lisbon Treaty) raises the questions: To what extent might the meaningful protection of the right to an effective remedy and to a fair hearing be guaranteed in all asylum cases? Might a universal right to an effective remedy and to a fair hearing, that does not discriminate on the basis of nationality, be realised?

Funding

Christine Byron, Luke Clements, Sara Drake and Melanie Smith have successfully bid for awards under the prestigious and institutionally funded Research Leave Fellowship Scheme 2014, announced in March 2014. The Fellowship Scheme is expected to enhance and strengthen the University’s research environment and aims to concentrate efforts and resources on research excellence with impact. Its establishment is one of the underpinning activities supporting the Research, Innovation and Enterprise Way Forward 2012-2017.

Forty awards of £15k each were available across the University via a competitive application process. Each application was required to propose a complex and excellent research project with an ambassadorial nature: successful Fellows are encouraged to promote their research field and discipline beyond Cardiff and to use the opportunity given to develop impact activities.

All four members of staff will take study leave during academic year 2014/5 and, under the terms of the Scheme, will have direct access to at least £3K to spend in any way that will best support the delivery of the research objectives outlined in their application. The remaining funding received as a result of their successful applications will target the cost of high quality replacement teaching.

Politics was also awarded two Research Leave Fellowships in this round, meaning that in academic year 2014/5 Cardiff School of Law and Politics will enjoy 15% of the Fellowships available.

The Law School has been awarded three Cardiff University Research Opportunities Programme (CUROP) grants. Three undergraduate students will get the opportunity to work with Dr Christine Byron, Professor Phil Fennell and Dr Lucy Series, and Dr Atina Krajewska on research projects over the summer.

Publications

Professor Gillian Douglas

Family Provision and Family Practices - The Discretionary Regime of the Inheritance Act of England and Wales. Oñati Socio-legal Series [online], 4 (2), 122-142.

Professor John Harrington

'Of Paradox and Plausibility. The Dynamic of Change in Medical Law' (2014) 22 Medical Law Review 1- 20

and

'The Right to Traditional, Complementary, and Alternative Health Care' (2014) 7 Global Health Action 24121 [with M Stuttaford, S Al Makhamreh, F Coomans, C Himonga and G Lewando Hundt] - the lead author, Maria Stuttaford is an Honorary Research Fellow at Cardiff Law School.

Professor Ambreena Manji

Professor Manji has had a paper published in African Studies Review.

Dr Russell Sandberg

'Defining the Divine' (2014) 16 Ecclesiastical Law Journal 198-204.

Entry on 'Religious Harassment' for Westlaw UK Insight Encyclopedia.

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