KENT LAW REPORTER. Building for the Future. Clinic wins Attorney General s Award. A Critical Approach to Law. News from the Research Centres PAGE 3

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1 KENT LAW REPORTER Summer 2012 No 9 Building for the Future The fundraising campaign for a combined Law Clinic and Mooting Chamber PAGE 3 Clinic wins Attorney General s Award A Critical Approach to Law News from the Research Centres PAGE 2 PAGE 8 PAGE 12

2 NEWS Welcome Hello! It is with pleasure that I welcome you to our newly relaunched newsletter, which we hope will provide a glimpse of the wealth of creative academic activity within the Law School. This year has seen some exciting developments in the School. Our revised curriculum is now fully implemented, and continues our heritage of providing a first-class critical legal education. We continue to be extremely proud of our Clinic and its work to help local people obtain access to justice and to enhance the education of our students, and it is with a sense of excitement that we have embarked upon a fundraising campaign for the new Clinic and Moot Room building. In speaking with alumni I have been struck both by the strength of feeling in support of the project, and by the generosity of donations at this early stage which have given us a wonderfully strong base upon which to build. I would also like to take this opportunity to thank the many people who contribute to the academic vitality of the Law School, and who help give the School such a wonderful sense of community and a truly innovative ethos. I count many among this number: our staff; students; the alumni and practitioners who give up their time to work with the School in speaking to students, judging moots and through involvement with the Clinic; and the many friends of the School with whom we are proud to be associated. I hope that you enjoy reading this newsletter and I happily welcome any comments and suggestions for future editions. Law Clinic wins Attorney General s Award The Kent Law Clinic has won the prestigious and highly sought-after award for the Best Contribution by a Law School for Kent Law School at the LawWorks & Attorney General Student Awards The award was announced on 30th March and presented at the House of Commons by the Attorney General, Dominic Grieve QC MP to Clinic students Charlotte Brewer (Canterbury) and Charlotte Gamble (Medway) who were accompanied by Law Clinic solicitors, Elaine Heslop and Lorna Collopy. Elaine Heslop said, There were so many innovative and successful projects represented at the reception in the Commons. More entries than ever before reflected the growing strength of legal pro bono work across the UK and it was a privilege to be chosen as a winner. I think that it was the contribution that the Kent Law Clinic has made over so many years that was decisive. Current Canterbury Student Chair of the Clinic Charlotte Brewer said of the experience I am thrilled and proud to have been able to represent the Law Clinic. I have learnt so much from the work that I do here. The Kent Law Clinic provides a public service for local people who need legal advice and representation, but cannot afford to pay for it. It gives undergraduate students unparalleled experience in practising the law, as they are actively involved in every aspect of legal case work; from meeting and interviewing clients to representing them as legal advocates in court or tribunal. The Clinic has won and been shortlisted for some of the most prestigious awards in the UK legal and education sector in recent years. It received a Queen s Anniversary Prize in 2007, has won the Best Contribution by an Individual Student Award at the Attorney General s 2008 awards, and in 2010 was shortlisted for the industry leading The Lawyer award for Pro-Bono Team of the Year alongside magic circle law firms Freshfields and Allen & Overy. Clinic Director Professor John Fitzpatrick said This award is a testament to the work of Clinic staff, students and our many local partners. I want to thank not only the students who put in so much work in to provide this public service, but also the fifty volunteer solicitors and barristers who support the students by giving their services for free on Monday evenings at our Advice Sessions for members of the public. Their contribution is deeply appreciated by the students and staff of the Law School. Rt Hon Lord Justice Etherton appointed as Honorary Professor The Rt Hon Lord Justice Sir Terence Etherton gave a guest lecture entitled 'Religion, the Rule of Law and Democracy' to University staff and students on the 28th March, following his appointment as an Honorary Professor within the School earlier in the year. Appointed to the Court of Appeal in 2008, Lord Justice Etherton is a distinguished member of the judiciary and is widely regarded to have been one of the most influential and successful Chairs of the Law Commission. Called to the Bar at Gray s Inn, he was appointed as a Chancery Judge in 2001, serving as Chairman of the Law Commission from 2006 until his appointment as a Lord Justice of Appeal in He has lectured and published across the field of law and legal policy, reflecting a diverse range of interests a number of which correspond closely with the interests of staff and students at Kent Law School. These include the Rule of Law, the role of the judiciary in the changing British constitution, and issues of law, sexuality and religion. Professor Joanne Conaghan, Head of Kent Law School, spoke about Lord Justice Etherton's appointment as Honorary Professor and his closer involvement with the School: I am thrilled to welcome Lord Justice Sir Terence Etherton to an Honorary Chair with Kent Law School. I know that our students will benefit hugely from his association with us. Joanne Conaghan, Professor of Law and Head of Kent Law School The Clinic team pictured with the Attorney General, the Rt Hon Dominic Grieve QC MP (pictured second from right). 2 UNIVERSITY OF KENT

3 NEWS Building for the Future The Law School has embarked on a fundraising campaign with the intention to build an impressive new combined Law Clinic and multi-function Mooting Chamber. The contemporary two story building would replace the existing Clinic, and would provide bespoke, state-of-the-art accommodation and facilities for students, staff and Clinic clients. A top floor would house a Mooting Chamber with spectacular views to the Cathedral and the city of Canterbury. Built in the style of a courtroom (complete with interview rooms and a judges room), the new space would allow students to hone their advocacy skills in an ultra-realistic setting, complementing the realism already provided by the involvement of the local judiciary in mooting at Kent. The Mooting Chamber would include flexible seating, allowing it to be used for guest lectures and others events of note. The ground floor would provide extended accommodation for the Law Clinic, with new facilities including a lobby and seating area for clients, an expanded shared working space for staff and students, and a greater number of interview rooms and offices; all designed to complement the friendly and professional approach embodied by the Clinic. The new building would provide an impressive, striking but subtle presence set down next to the Law School. A bridged walkway from the main path through campus would provide direct first floor access; emphasising the feeling of openness generated by the extensive use of glass throughout the construction. Before embarking on the fundraising campaign, the University consulted extensively with alumni about the feasibility and desirability of such a campaign. The response was overwhelmingly positive and supportive, with several donations of note received during the consultation period. The aim of the campaign is to raise five million pounds for the construction of the building; donations to the project are welcomed, with naming rights for rooms also available for donors. More information about the fundraising campaign, and information about how to give can be found at: campaign Design concepts Hawkins\Brown UNIVERSITY OF KENT 3

4 NEWS European Law students visit Court of Justice Kent s LLM in European Law students were given special invitation to attend the European Union s Court of Justice recently, allowing them to see the inner workings of the court and hear from senior members of European judiciary. The visit, which was jointly organised by the Law School and the Court, saw the students travel to Luxembourg for the weekend of the 18th and 19th May. Upon arrival, the students were invited to meet informally with His Honour Judge Arestis, Cypriot member of the Court since 2003, in his chambers. Judge Arestis, a former graduate of Kent University, gave a guest lecture at Kent Law School earlier this year on the impact of the Court of Justice in respect of the development of EU law. News in Brief Law School alumna Mathilda Twomey was appointed to the Court of Appeal in the Seychelles in April, becoming the country s first female judge Professor Geoffrey Samuel represented the interests of law as part of the jury convened by the French government to decide which areas of research are to receive substantial future investment Dr Alex Magaisa was part of the organising team for the Development Foundation of Zimbabwe Conference in December; a major event aiming to raise external funding in the country Professor Sally Sheldon s 2004 co-authored article Should selecting saviour siblings be banned? was referenced by the Supreme Court of Canada in an ruling relating to the regulation of assisted reproduction (Reference re Assisted Human Reproduction Act, 2010 SCC 61, [2010] 3 S.C.R. 457) On the second day of the visit, the students were invited to attend a formal programme of events organised by the Court. The day commenced with a briefing on a particular case to be heard that morning by the Fifth Chamber of the Court. The case involved a dispute in France (Case C-443/10 Bonnarde) involving the law relating to the free movement of goods, specifically a refusal by the French authorities to extend its policy of subsidising new cars with low carbon emissions to certain imported vehicles. Attending the hearing enabled the students gain firsthand experience of judicial procedure before the Court. Subsequently, the students were invited to visit the extensive public research library of the Court before then attending an interactive presentation given by two judicial assistants on the respective roles played by the Advocates-General and Judges of the Court of Justice. All in all, the visit proved a most successful and enjoyable one for all concerned. Martin Hedemann-Robinson (pictured above, right), LLM European Law programme convenor who oversaw organisation of the visit and accompanied the students, hopes that this event may be repeated in coming years as a regular feature of students experience on the Master s programme. Professor Rosemary Hunter Appointed Chair of the SLSA Professor Rosemary Hunter has been appointed as the Chair of the Socio-Legal Studies Association (SLSA), taking office from the 12th May. Founded in 1990, the SLSA is a scholarly association held in high regard amongst the academic legal community. It seeks to 'advance education and learning and in particular to advance research, teaching and the dissemination of knowledge in the field of sociolegal studies', and does so through various means, most notably through conferences, publications, and the award of research grants. Speaking about her appointment as SLSA Chair, Professor Hunter said: The next three years will be a challenging period in academia. I would like to pay tribute to the sterling work done by the previous Chair, Professor Sally Wheeler, and Vice-Chair, Professor Dave Cowan, and I look forward, together with the Executive Committee, to continuing to support and represent SLSA members and to develop and promote the field of socio-legal studies. Law Teacher of the Year Senior Lecturer Dr Stewart Motha was shortlisted for the Law Teacher of the Year Award 2011 earlier this year, marking the second consecutive year that a Kent lecturer has been shortlisted for the award. Dr Motha teaches Public Law and Law and Political Theory to undergraduate students, drawing upon his published research interest in sovereignty and the law. He was nominated for the award by his students, and dedicating his shortlisting to them, and to his colleagues. Senior Lecturer Nick Jackson was nominated for the Law Teacher of the Year Award in 2010, narrowing missing out and instead being awarded OUP MacQueen Memorial Grant. International Connections Professor Joanne Conaghan met with alumni and friends of Kent Law School in Malaysia at an Alumni Dinner held in Kuala Lumpur on 1 April. The dinner was hosted by Pro-Vice-Chancellor Alex Hughes and also attended by Associate Director of the International Office Stephen Wallis, and by Development & Alumni Relations Manager Fiona Jones. Professor Conaghan spoke with alumni and friends including Dato Johari Razak, who agreed to lead the University s new Malaysia Alumni Committee in its first year. The dinner was the culmination of a week-long visit to Malaysia, which saw the Kent delegation visit a number of prominent universities in the country and meet with a great many alumni and University contacts. Kent Law School is one of the most international law schools in the UK and has a substantial international student and staff body, as well as extensive links with universities overseas. Staff regularly travel overseas, often meeting alumni and other friends of the School, and warmly welcome the chance to do so. Receptions for Law School alumni and Kent friends have also been held in Mauritius and Canada this year, and the University has held similar events to the Malaysian Alumni Dinner in Hong Kong and in the USA. Honorary Professor Jeremy Cooper Professor Jeremy Cooper has been appointed as an Honorary Professor at Kent Law School. Professor Cooper is a Judge of the Upper Tribunal and of the First Tier Tribunal (Mental Health), and Training Adviser to Lord Justice Carnwath, Senior President on Tribunals. Professor Cooper will be particularly involved with Kent Law School's activities at Medway. 4 UNIVERSITY OF KENT

5 NEWS A Career in Law Recent graduates Kristy Harkett and Steve Hayden returned to the Law School in March to speak to current students about their experiences qualifying as lawyers after studying at Kent. Kristy, who graduated in 2008, is currently in the second year of a training contract with Weightmans LLP; a substantial and highly regarded national firm who are particularly renowned for their work in insurance, public, and general commercial litigation. Kristy spoke to students at a talk on 15th March about her experience as a trainee, and shared advice about the best way to prepare for, and successfully obtain a training contract. Kristy was supported by Elaine Heslop, (a solicitor, in the School s Law Clinic). Elaine was able to give advice about recruitment and selection procedures used by employers to award training contracts. Since graduating, Kristy has given up her time to speak with Kent students on several occasions, having previously given a similar talk for Kent's Student Law Society, and having represented Weightmans at the 2010 Kent Law Fair. Steve, who also graduated in 2008 and who is now a pupil barrister at 2 Doctor Johnson's Buildings in London, spoke about the Bar Professional Training Course, life at the Bar and obtaining a pupillage. An active member of the Law Clinic whilst a student at Kent, Steve related his experiences to the students in attendance in a talk held on the 3rd March, conveying the dedication and enthusiasm required to successfully pursue a career as a barrister, and the many and varied rewards the profession brings. Steve was supported by Professor Nick Grief (Director of Studies and a lecturer at Kent Law School), who spoke about his experiences as an experienced practising barrister. The talks were organised by the Law School as a way of better informing new and continuing students considering a legal career. The talks were designed to complement the work of the student law societies, who organise similar information sessions and networking opportunities for Law School students. An expanded programme of activities is planned for the coming year, with a number of visiting speakers already arranged for the Autumn term. We welcome the involvement of alumni in our careers programme within the Law School. If you are former student of Kent Law School and would like to find out more, please Sharon Rouse at s.rouse@kent.ac.uk Kent Law Fair 2010 The Kent Student Law Society held their annual Law Fair in October, with representatives from a variety of leading law firms and training providers filling the Great Hall in Eliot College to talk with students about opportunities for vacation schemes and training contracts and pursuing a career in law. Over 30 exhibitors were present at the Fair, including representatives from 'magic circle' and international firms such as Freshfields Bruckhaus Deringer, Ashurst, DLA Piper, and Norton Rose. The Fair was organised by the Kent Student Law Society as one of a number of events held throughout the year to give students an insight into and preparation for a career as a solicitor. Society member and Law Fair organiser Rose Sheppard spoke about the value of the fair: "The Kent Law Fair is a fantastic opportunity for students to make contact with both local and major law firms. Being able to meet representatives from firms face to face, is an incredibly good way to explore your options and also a great way in which to network and make connections within the legal world. UNIVERSITY OF KENT 5

6 NEWS Honorary Degree for Baroness Hale The Right Honourable Baroness Hale of Richmond, who was the first woman Law Lord and is a Justice of the Supreme Court, is to receive an honorary degree from the University of Kent. The honorary degree will be awarded at the graduation ceremony for Law School students, taking place in the beautiful and historic setting of Canterbury Cathedral in July. Norman Cooper Advocacy Prize Final year student Amanda Richter (pictured below) has been named as the winner of the inaugural Normal Copper Advocacy Prize after being chosen as the best advocate in a Mooting competition for Medway based students, held earlier this year. The prize was established in association with Kent Law Society in memory of Norman Cooper, a prominent member and former President of the Society and also a former County Prosecuting Solicitor, who died this year at the age of 91. Competition for the prize saw students take part in a hard fought mooting competition of excellent standard, with legal problems focusing on different areas of law in recognition of Norman Cooper's considerable expertise and achievements. Amanda spoke of her joy at winning the award: I am delighted to have won the inaugural Norman Cooper Advocacy Prize. Everyone who took part in the competition worked incredibly hard and I would recommend participation in mooting events to anyone hoping for a career in law. It is an invaluable experience in the practical application of the law studied at University. As the inaugural winner, Amanda s success will be recorded through the inscription of her name on the shield commemorating the prize. There will also be a formal presentation of the prize at a reception for Medway graduands in July, with this immediately following the graduation ceremony in Rochester Cathedral. European Judge and Kent Alumnus gives Guest Lecture Kent alumnus and Judge at the European Court of Justice George Arestis visited the University in March and gave a guest lecture to students, staff and alumni entitled The Extent to Which the Jurisprudence of the Court on Constitutional Issues Has Shaped the Structure of the EU. Judge George Arestis, a native of Cyprus, has been a judge at the European Court of Justice since He graduated in law from Athens University in 1968 and obtained an M.A. in Comparative Politics and Government from the University of Kent in After approximately ten years of legal practice, he was appointed as judge in 1982 and attained the office of judge of the Supreme Court of Cyprus in The visit and lecture were organised by the Kent Centre for European and Comparative Law, and by the Centre for Critical International Law - research centres within the Law School. The Kent Temple Society Annual Dinner The Kent Law Temple Society hosted their Annual Dinner the pinnacle of the Society's calendar in March. The impressive guest list included keynote speaker Malcolm Davis-White QC, Chairman of the Chancery Bar, with other guests in attendance including a number of practising barristers, judges, and benchers from the Inns of Courts, academic staff and students. The evening was a great success, giving students the opportunity to speak with the many senior lawyers and members of the judiciary in attendance. The Kent Law Temple Society is one of the longest established societies at Kent. Its primary function is to help students achieve and realise whether a career at the Bar is for them, and if it is, how to succeed at it. Outgoing society president Vishavjeet Chaudhary and incoming president Dan Weston spoke about the work of the society: The Temple Society has assisted a great many students in achieving their aim of a career at the Bar. We look to continue this legacy with continued support from the Law School, Inner Temple and Middle Temple. We host a wide variety of events throughout the year including trips to the Inns of Courts, debates, and Advocacy Workshops, and welcome the involvement of all law students in the society. Retired Lecturer s Mountain Challenge Alan Thomson, retired senior lecturer and founding member of Kent Law School, is to undertake a momentous challenge climbing one of the world's very high mountains to raise money for Scope, the cerebral palsy charity. Alan will be facing the challenge with his daughter, Mary-Kate, as part of an expedition which will attempt to climb the 6462 metre high Mount Illimani; a mountain in the Bolivian Andes which is almost 600 meters higher than Mount Kilimanjaro and is a technical snow and ice climb. The father-daughter pair are already in training with assistance being given by the University's Sports Centre team with Alan, at 67 years old, preparing for the demanding three week climb that will involve extremes of temperature and endurance. The climb will start in the last week of July, and will see Alan and Mary-Kate attempt to raise 6,462, the same amount of money as meters they will climb, for the charity Scope. The challenge is a deeply personal one as Alan's son, and Mary Kate s brother, Jack, is severely disabled as result of cerebral palsy. The family team are raising money as a way of thanking the charity for their help, particularly in Jack s early years. Former Director of Learning and Teaching and much loved former teacher, Alan retired from the Law School in Alan was part of the fabric of the Law School for many years and played an active part in its development and success. He is fondly remembered by many Law alumni as the passionate long-time teacher of Introduction to Law and the Law of Obligations (Tort) within the Law School, and is one of the few members of staff who will have taught almost every law student who studied at Kent until his retirement last year. People are warmly encouraged to donate to support the climb and to raise money for Scope, and do so here: 6 UNIVERSITY OF KENT

7 NEWS Dover Docks our mutual friend? A British Academy award has enabled the establishment of a joint project (between Anne Bottomley of Kent Law School, and Nathan Moore, (Birkbeck Law School) tracking the development and legal implications of a bid by 'the people of Dover' to take 'ownership' of the Dover Docks through a 'community trust'. The funding from the BA focuses on investigating, developing and disseminating suitable research methodologies for such projects. Caroline Archer (KLS) is research assistant. Tracing its origin back to establishment by Royal Charter in 1606, Dover Harbour Board handles c 80 billion of trade each year, and supports c 22,000 jobs locally. In Jan 2010, as part of the ports privatization programme promoted by the (then) Labour government, the Board submitted a plan to the Secretary of State for transferring the port into private ownership. Local opposition to privatization developed but few could have foreseen that the major challenge to the Board plan would come from a proposal, developed by the (then) Tory parliamentary candidate Charlie Elphicke, for mutualisation of the port into a community trust owned by the people of Dover. Elphicke (now MP for Dover and Deal) gained the support of the Cabinet Office, and thereby access to the expertise he needed to build and fund (at 200m) his alternative bid which went to the Secretary of State in March Neil Wiggins, chair of the newly established Dover People's Port Trust, is quoted on their website as saying that the Dover bid evidences the flagship policy of the Big Society and communities taking charge of their own futures. The Secretary of State has still not announced which of the two schemes will be chosen to inherit the 1606 legacy. More background information on the Dover developments can be found at: REF Panel for Law Professor Joanne Conaghan has been appointed as a member of the panel which will consider research outputs in law for the 2014 Research Excellence Framework (REF). Replacing the Research Assessment Exercise (RAE) which last reported in 2008 and for which Professor Conaghan was also a panel member the REF will be an official government measure of research quality in Higher Education. Defending the Indefensible Medway based final year student Lucy Johnson has been named as the winner of the inaugural Scott Moncrieff Essay Prize. The prize, which was open to undergraduate students at the Canterbury and Medway campuses, required entrants to write an essay in response to the title Defending the Indefensible. The prize was established with the support of Scott Moncrieff Harbour and Sinclair, a law firm which works for (often vulnerable) people in conflict with institutions, and was founded by Law School graduate and honorary degree recipient Lucy Scott Moncrieff. "I was very excited to be awarded the Scott Moncrieff Essay Prize said Lucy Johnson. It is a great personal achievement, a fantastic addition to my c.v. and a wonderful end to the amazing years I have spent at the University of Kent". feminists@law feminists@law, a new, peer-reviewed online journal which aims to publish critical, interdisciplinary, theoretically engaged scholarship that extends feminist debates and analyses relating to law and justice was launched in March this year. The journal can be found at and can be followed on Twitter Professor Nick Grief in the News Professor Nick Grief has recently featured extensively in the media as a commentator on the legality of developments in Libya and of the killing of Osama Bin Laden. Professor Grief, the Director of Legal Studies at the University s Medway campus, wrote a piece for the Guardian newspaper in April about whether Colonel Gaddafai should be considered as a legitimate military target, with his comments reported worldwide. His later comments (again to the Guardian) about the importance of due process in the wake of the Bin Laden killing were also widely reported. A practising barrister at Doughty Street Chambers, Professor Grief possesses considerable expertise both through practice and academia in Public International Law. More information about Professor Grief can be found at /people/staff/academic/ Grief.html. UNIVERSITY OF KENT 7

8 FEATURE Taking a Critical Approach to Law From its inception over 40 years ago, Kent Law School has pioneered a radical and innovative approach to legal teaching and learning, consciously rejecting the expository or black letter approach to the study of law, instead developing a critical approach. Our starting point is that law is inherently political, reflecting particular interests while presenting itself as neutral. Undergraduate students are introduced to the critical approach from the very beginning of their time at Kent. We have an exciting induction programme which uses films, novels and debates to demonstrate what is unique about studying law at Kent. Students then study our signature module A Critical Introduction to Law which is compulsory for all first years. It introduces the interconnectivity of law, mixing jurisprudential theory with real and contemporary examples of how law extends far beyond the textbook and the courtroom. It demonstrates the richness of the academic study of law, and that understanding law as simultaneously the product of and productive of the world around us makes studying it more interesting and rewarding. The critical approach is not limited to this module it permeates our degree programmes. We teach substantive law critically and we expect our students to think critically about what they are learning. For example students are encouraged to think about the history of particular laws so that they better understand current law (and its inherent biases), and to question the motivation for the development of law; we explore the rationale for legal policy within a political framework and we focus on how the moral and ethical judgments inherent in the decisions of judges and politicians affect the lives of citizens. We regularly use international examples of case and statute law to illustrate that the same area of law can develop very differently in different jurisdictions and to enable us to demonstrate that what is taken for granted as common sense in the British context may not be common sense at all! Far from being removed from legal practice, our critical approach gives our students the ability to better understand the practice of law, and to themselves become better lawyers. Students gain the ability to think laterally as well as linearly both styles of thinking are vital for the successful practitioner. The critical approach spills out of the curriculum, not only into the Law Clinic, which encourages a particular form of critical practice, but also into the way students are encouraged to take responsibility within the School, through student representation on School committees, mentoring and running student societies. We firmly believe that skills should be embedded in teaching and learning through the entirety of a degree programme. To do so as effectively as possible we have developed and revised our curriculum, embedding skills in the stage one of the degree and then revisiting and developing those skills as students progress in their studies. We offer variety in the delivery of our teaching (for instance through giving case classes) and increasingly assess group work, oral skills and extended research based essays. Our curriculum is designed to free up the final year of the majority of our degree programmes. This gives students the opportunity to develop their legal knowledge by choosing from a wide variety of optional modules in law. Students can pursue their own intellectual projects guided by the research interests of staff. The design of the curriculum also enables students to study abroad and we have an increasing number of global options available for students with the necessary energy and enthusiasm. Most recently we have added China and Canada as possible destinations. Over 40 years on, we have held on to our radical and critical roots as well as adapting our curriculum to the needs of the contemporary student. Learning law at Kent engages the student, embeds skills, promotes research-led teaching, has a global reach and maintains a critical ideology. Dr Helen Carr, Director of Learning and Teaching 8 UNIVERSITY OF KENT

9 FEATURE The Feminist Judgments Project This academic year saw the first results of the highly acclaimed Feminist Judgments project, in which leading socio-legal scholars wrote alternative judgments from a feminist perspective for a number of landmark cases in English law. Led by Professor Rosemary Hunter of Kent Law School, and by Clare McGlynn and Erika Rackley of Durham University, the innovative ESRC funded project set out to show that judgments in key legal cases could have been written and decided differently, that feminism and judging are not incompatible, and to demonstrate what the results of appointing a more diverse judiciary might be on the outcomes of cases and the way judgments are written. The work of the project culminated in the publication of Feminist Judgments: From Theory to Practice in September; the volume collecting together all 23 of the alternative judgments written for the project. Rather than simply critiquing existing judgments, the contributors to the Feminist Judgments project have engaged in a practical, 'real world' exercise of judgment-writing, subject to the various constraints that bind appellate judges, including consideration of the extent to which, and the form in which, a judge's political commitments and social experience may or may not be introduced into her decisionmaking. The project aimed to inaugurate a new form of critical socio-legal scholarship, one which seeks to demonstrate in a sustained and disciplined way how judgments could have been written and cases could have been decided differently. In deciding which cases to rewrite, the project sought to address particular areas of law, notably paradigmatically 'feminist' cases dealing with subject-matter of immediate concern to many women's lives (such as reproduction, residence and contact with children, workplace discrimination and domestic violence); cases considered causes célèbres for feminist activism in law, cases of historical significance, in which a feminist judgment might have dramatically changed the nature of law in key fields; cases that do not deal specifically with 'women's issues', but which address significant financial concerns and are thus central to how resources are allocated in society; and cases reflecting intersectional issues of gender, ethnicity, sexuality and religion. The 23 cases were broadly drawn from five areas of law; Parenting; Property and Markets; Criminal Law and Evidence; Public Law; and Equality. Cases included Evans v Amicus Healthcare Ltd, which concerned the right of a woman to make use of frozen embryos after her former partner withdrew his consent, when they represented her last opportunity to have her own biological child; Attorney-General for Jersey v Holley, concerning the scope of the provocation defence to murder; and R (Begum) v Governors of Denbigh High School, concerning a Muslim schoolgirl sclaimtobeabletowear strict Islamic dress in contravention of her school s uniform policy. In the Evans case, the feminist judgment by Sonia Harris-Short disagreed with the Court of Appeal (and also with subsequent decisions of the European Court of Human Rights) in finding in favour of Ms Evans. While the Court of Appeal treated Ms Evans and her former partner as equal gamete donors with equal rights to determine the fate of the frozen embryos, the feminist judgment proceeded from an understanding of Ms Evans as an infertile woman in a society in which biological motherhood is still extremely highly valued. In this context, her inability to have her own child put her in a very different situation from her former partner, and justified an infringement of his rights in favour of hers. In Holley, the feminist dissenting judgment by Susan Edwards focused on the need for the defence of provocation to accommodate the situation of battered women who kill their partners after being subjected to violence and abuse over an extended period; while in the Begum case, the feminist judgment by Maleiha Malik agreed with the ultimate result in the case in upholding the school s uniform policy, but for different reasons from those of other members of the House of Lords. The project has received much critical acclaim amongst scholars and practitioners for its innovative and groundbreaking work. Commentators have praised the work for its realism and perspective, as well as its contribution to the debate as to whether it s possible for judges to be feminists the topic that Lady Hale addressed when speaking at the launch of the Feminist Judgments book in November and what this means in reality for the development of law. In assessing the contribution and impact of the Feminist Judgments project, the ESRC deemed it outstanding. One of the referees wrote: This was a really exciting and original project... [It] has inspired a number of feminist legal scholars who will continue to benefit from the network created. Moreover, through dissemination and further projects, this network is continuing to grow and evolve. This looks set to continue and will likely result in all good legal methods courses having a session which uses the Feminist Judgment Project to ask a number of challenging and important questions about the role of law in society. Following publication of the Feminist Judgments book, teaching materials were developed to give others the means to develop the work of the project in the classroom. An end-of-project conference was held at the London School of Economics in May to discuss the project s conclusions and impact, and the future of its work. More information about the Feminist Judgments project, free to access teaching materials, and information about Feminist Judgments: From Theory to Practice (published by Hart Publishing), can be found on the project website: /fjp UNIVERSITY OF KENT 9

10 FEATURE The Kent Law Clinic Year in Review It has been another great year for the Kent Law Clinic, helping clients, new initiatives being set up by students, some great successes and a rather prestigious award! In November 2010 a group of Law Clinic students attended the LawWorks Pro Bono conference on behalf of the Clinic, held at the College of Law in Birmingham. The aim of the conference was to share new ideas and initiatives with other universities and Law Clinics. I was amazed that staff and students from the other universities were queuing up to talk to us to learn about how we operate! At the conference, a member of the Clinic s Immigration and Asylum Team gave a presentation about the Team s work. Three times in 2010 January, September and December students working under solicitor Catherine Carpenter s supervision helped clients obtain last-minute High Court injunctions by telephone (with pro bono counsel in London) to restrain the removal of asylum seekers. In all three cases the client was already at the airport; in one case the client even had to be brought back from the plane. These were important strikes for due process and the rule of law. One of the greatest successes achieved by the Clinic this year came in January, after more than a dozen students had worked on one particular case over a three year period. The villagers of Adisham struggled over many years to obtain a modification of the definitive map (kept by Kent County Council) to show the addition of four public rights of way through woodland adjoining their village. Both the Law Clinic and the villagers were delighted when, after a six day Public Inquiry, the Inspector found in the villagers favour with all four public rights of way applications. New initiatives... The Kent Law Clinic s Criminal Appeals Team has for the past four years investigated alleged miscarriages of justice. In September 2010 we joined the Innocence UK Network so that both our clients and our students could benefit from training sessions held by Innocence and Innocence UK s diverse contacts. In November 2010 a group of Criminal Appeals Team students attended an Innocence training session at Freshfields Bruckhaus Deringer LLP, London. It was very inspiring to hear from two miscarriage of justice victims, who both spent a considerable number of years in prison, before having their convictions overturned. Students were also educated on investigating alleged miscarriages of justice and the limitations of DNA evidence. In January 2011 the Team accepted a very kind offer of pro bono assistance from a former Chief Crown Prosecutor. We are currently working on two cases and hope to be able to submit our first application to the Criminal Cases Review Commission next year. Following the Government s proposals for the reform of legal aid in England and Wales, three other students and I, under the supervision of Clinic solicitor Elaine Sherratt, prepared a detailed response to the Government s Consultation Paper. As a Law Clinic likely to become overburdened by clients in need if these proposals were implemented, we decided that it was important to respond to the Government and we hope that our views were taken into consideration. A further new Clinic initiative which was set up this year was the Student Housing Commission. Working closely with Canterbury Housing Advice Centre, the Student Housing Commission is currently working on producing videos to promote the work that CHAC does; so that local people in need know where they can turn. The highlight of the year... My personal highlight of the year was receiving an award on behalf of the Law Clinic for outstanding contribution to pro bono by a Law School. The award was presented to us by the Attorney General Dominic Grieve QC MP at the House of Commons. This was a great achievement for the Clinic as we have not previously won this prestigious award. We had some very stiff competition as we were nominated against the College of Law and BPP Law School, so winning the award really was a fantastic achievement and the perfect way to end another great year for the Law Clinic. Charlotte Brewer, Student Chair of the Law Clinic (Canterbury) 2010/11 10 UNIVERSITY OF KENT

11 FEATURE Mooting at Kent Kent Law School runs an intensive and wide-ranging mooting programme, with students competing in front of members of the judiciary, and taking part in national and sometimes international competitions. Mooting involves arguing points of law in a simulated courtroom setting using hypothetical facts often based on a factual scenario that is a variant on a leading case. Mooters work in teams of two, prepare the case either for the appellant or the respondent and present their arguments to a bench of judges. Last year, the Law School internal mooting programme saw weekly moots during the Spring Term, all of which are judged by members of the local judiciary, local practitioners, and academic staff, with students given the opportunity to replace coursework assessments with their performance in a moot in certain subjects. As in previous years, the Law School also entered teams of mooters into external competitions, competing against other Law Schools. Kent entered teams in the OUP/BPP, English Speaking Union, Inter-Varsity (Inner Temple) and Philip Jessup International Law mooting competitions. The Law School saw particular success in the latter, winning the 'Spirit of Jessup award following their moots against King s College London, LSE, Oxford University and Durham. Law School student team member Jeff Hansford continued his individual mooting success, having won an award for his oral presentation in the D.M Harish International Law moot in India the previous year. Finally, in March, final year undergraduate student Mike Brooks won the Crown Prosecution Service sponsored moot in the final against Sussex University held at the Maidstone Crown Court. The contribution of the Director of Mooting Per Laleng was recently recognised by the University as he was awarded the Kent Social Sciences Faculty Teaching Prize. Mooting can help develop your advocacy skills, but more importantly it can deepen your knowledge and understanding of law amidst the theatre and the fun of oral advocacy it is important not to lose sight of that. said Per Laleng, speaking about the value of mooting. A moot gives students the opportunity to master the case and statute law and also the procedure that applies in a particular case he continued although perhaps most importantly of all, it can also provide an insight into how the law operates in society. Next year, the Law School will continue a similar pattern for its mooting programme but there will be two more forms. First, Kent Temple Society intends to run a series of mini moots aimed at first year or less experienced students (with the majority of current activity for second and final year students). Second, the Director of Mooting is currently in the process of developing plans for an advocacy weekend that it s hoped will culminate in a mock trial in the Canterbury Combined Court during reading week of the Autumn Term. The weekend would include local legal practitioners running workshops on the various skills (such as examination in chief, cross examination, closing submissions and so forth) required during a trial. UNIVERSITY OF KENT 11

12 NEWS FROM THE RESEARCH CENTRES The Kent Centre for Law, Gender and Sexuality During the academic year, the Kent Centre for Law, Gender and Sexuality (KCLGS) hosted eight visiting scholars from Canada, India, Croatia, Australia and the United States, all of who were working in the areas of law, gender and sexuality. Under the scheme, scholars have delivered work-inprogress seminars to Centre s members and actively engaged with the postgraduate community at Kent Law School. Moreover, since September 2010, KCLGS has hosted several significant events including a workshop on Natural Law (October 2010), a one-day conference on Feminism and the Commons (March 2011), a workshop with feminist geographer Doreen Massey (May 2011), in addition to co-sponsoring other important events such as the Welfare to Work conference (September 2010), and a workshop on Transitional Justice (February 2011). These dynamic and diverse events have attracted the attention of activists, students, and established scholars from multiple disciplines and from multiple places around the world. For example, the KCLGS event on the Commons attracted over forty audience members, many of who were not affiliated with Kent. This popular response speaks to the high level of interest that the Centre s events generate both within the law school and from elsewhere. Finally, KCLGS has also continued to be a place from which reading groups, Rough Guide, and Think-Through sessions have emerged. In the year, the Centre hosted sessions on the work of Bruno Latour, feminist theories of the state, as well as the 2010 Equality Act. These wide-ranging topics, proposed by Centre members themselves, demonstrate that the Centre s emphasis on critical, multidisciplinary research is firmly rooted in the Centre's membership. The Centre Steering Committee would like to thank KCLGS Members, Kent Law School, and other supporters for their support and enthusiasm during and as they continue to plan events for the coming academic year. If you would like to become involved withkclgsorwouldliketo propose an event, please get in touch. More information about the Centre can be found at: /kentclgs. The Kent Centre for European and Comparative Law During the past academic year, the Centre for European and Comparative Law, which encourages and enables co-operation between academics whose research focuses on comparative law and European Union law whether in the UK or abroad, organised several intellectually stimulating events. In the context of its guest lecture series, the Centre hosted, in partnership with the Centre for Critical International Law, two speakers having earned an international reputation in their given field of specialization. On 15 November 2010, Dr Matthias Reuss, a Senior Research Fellow and the Head of Africa Projects at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany, offered a critical account of the activities of the Max Planck Institute for International Law in Sudan and Somalia from an insider perspective. Further, on 21 March 2011, George Arestis (pictured opposite, left), a native of Cyprus and alumni of Kent Law School, who has been a judge at the European Court of Justice since 2004, assessed the extent to which the jurisprudence of the European Court on constitutional issues has shaped the structure of the EU. In the forthcoming academic year, the Centre for European and Comparative Law will provide another platform for critical and interdisciplinary discussion by way of an international conference entitled Comparative Law: Engaging Translation to be held at Kent Law School on June This conference will bring together leading scholars from different parts of the world who draw on fields such as translation studies, linguistics, literary theory, sociology, philosophy or postcolonial studies in order to analyze the central role of translation in comparative law. Confirmed speakers include Professors Michael Cronin (Dublin), Alexis Nouss (Cardiff), Kwai Ng (San Diego) and Pierre Legrand (Paris). Both staff and students are most welcome to attend the various events organized by the Centre for European and Comparative Law. For more detailed information regarding the Centre s activities, please visit our website: /cecl/index. html. 12 UNIVERSITY OF KENT

13 The Centre for Critical International Law It has been another full year for CeCIL. This year it hosted jointly with the Centre for Law Gender and Sexuality, a seminar entitled Engendering Transitional Justice. Annie Bunting (York University, Canada), spoke on Forced Marriage in Conflict Situations: Insights from the History of Slavery and Prosecuting Gender Crimes; Sari Kouvo (International Centre for Transitional Justice) spoke on Poor Weapons for a Rough War: Gender and Transitional Justice in Afghanistan; Catherine O Rourke (Ulster University) spoke on Addressing a Web of Gender-based Harms against Women in Transitional Justice; Diana Sankey (University of Kent) spoke on Deprivations of Subsistence Needs, Gendered Harms and the Limited Scope of Transitional Justice. The International Law Reading Group attended by post graduate students and staff, met bi-weekly to discuss a variety of scholarly work. The Skills Workshops were held once again for LLM students. Our former Law Librarian hosted the library workshops, providing handson training in the use of online databases designed to enhance students research skills. Our Careers Workshop was exceptionally well attended this year, with more than 40 students coming along to hear Jenny Keaveney from the University Careers Advisory Service giving practical advice on applying for internships and jobs in the field of international law. Students were also addressed by members of this year s Careers Panel comprising Alan Deve who is a Protection Associate at the London office of the United Nations High Commissioner for Refugees (UNHCR), Lucy Claridge, Head of Law, Minority Rights Group International and Dr Lone Lindholt, Senior Legal Adviser of the Danish Institute of Human Rights. In addition, CeCIL hosted an essay writing workshop, and a series of dissertation workshops. The CeCIL Guest Lecture Series ran again, with a wide variety of speakers including academics, practising lawyers, NGO activists and Judge Arestis from the European Court of Justice (in conjunction with Centre for European and Comparative Law). UNIVERSITY OF KENT 13

14 Publications by Kent Law School staff An Unfortunate Coincidence: Jews, Jewishness, and English Law Professor Didi Herman This groundbreaking book examines how English judges discuss and depict Jews and Jewishness in the 20th and 21st centuries. It provides a study of legal judgments in a range of areas, tracing continuities and discontinuities in representations of Jews and Jewishness over time. The book shows the part played by racial and religious understandings in legal decision-making, addressing the place of a minority with a long history in England and within the English cultural imagination. Feminist Judgements: From Theory to Practice Edited by Professor Rosemary Hunter (Kent), Clare McGlynn and Ericka Rackley (Durham) What if a group of feminist scholars were to write the 'missing' feminist judgment in key cases? Could they put theory into practice, in judgment form? What would these judgments look like? What impact would they have? This book collects a series of alternative judgments (and corresponding commentaries) in key legal cases, written from a feminist perspective as part of the Feminist Judgments Project, in a highly acclaimed and original volume. Developing Countries and the Multilateral Trade Regime: The Failure and Promise of the WTO's Development Mission Dr Donatella Alessandrini Whereas mainstream trade literature views the establishment of the World Trade Organisation and its development agenda in terms of a desirable and inevitable historic process, this book shows how this is a result of complex political and economic processes that interact with powerful normative representations of socalled developing societies. Enforcing Human Rights in Australia: An Evaluation of the New Regime Beth Gaze (Melbourne) and Professor Rosemary Hunter (Kent) This major study breaks new ground in exploring the effectiveness and accessibility of procedures for protecting the rights of individuals to equality and freedom from discrimination on the grounds of race, sex and disability through an examination of how the move from a specialist tribunal to the federal courts affected enforcement of federal anti-discrimination law in Australia. De la traductibilité du droit Dr Simone Glanert De la traductibilité du droit, just released by Dalloz, the leading French law publishers, critically addresses legal translation. Is Kaufvertrag translatable into English such that uniform rules can mean the same across languages? Does divorce, appearing identically in a statute s French and English versions, connote a common referent? Crucially, this interdisciplinary study probes a key transnational issue. An alternative primer on national and international copyright law in the global South: eighteen questions and answers Alan Story The Spanish translation of Alan Story s 75-page Alterative Primer on copyright law has been published online ( copyright-primer). The accessibly-written, free to download Primer (published by CopySouth) provides a straight-forward, yet critical explanation of how the copyright system operates in the global South. The Primer has proved to be popular, with nearly 10,000 viewers/downloads of the English edition since late 2009, while the Spanish Primer had more than 2,000 in the first two months. A Portuguese translation appears later this year. 14 UNIVERSITY OF KENT

15 Conferences German Financial Services Professor Toni Williams (above) gave the opening keynote speech at the 6th German Financial Services Conference, held in Hamburg in May. The conference provided a forum for banks, financial service providers, consumer agencies, debt advisors, scientists, the media and policy makers to discuss current national and international issues in retail markets for financial services. Director of Graduate Studies within the Law School, Professor Williams research interests include the regulation and governance of economic development and market relations and the regulation of race/gender relations. Professor Williams teaches a number of graduate level modules in Commercial Law, and is a member of the Editorial Board of Feminist Legal Studies. Thomas Hobbes and the Modern State Dr Eleanor Curran was a featured speaker at the Max Weber Conference Thomas Hobbes and the Modern State: A 21st Century Interdisciplinary Perspective, which took place in Florence in March. The first speaker, Dr Curran spoke on the subject of Theorising Rights in the 21st Century: Neo-Hobbesian Possibilities. The conference featured other distinguished speakers from a range of disciplines, and examined why the views of the renowned 17th century philosopher on law, rights, freedom, sovereignty, authority, knowledge, and rational choice and contractarianism influence, are relevant to our thinking about the state today. Dr Curran, who teaches on several core undergraduate modules, has published a number of articles relating to the Hobbes and has research interests in legal philosophy, political theory and jurisprudence. The International Association of Consumer Law Professor Iain Ramsay is to speak at the 13th International Conference of the International Association of Consumer Law. With more than 60 confirmed academic speakers, the Conference aims to be of significant practical value and interest to scholars and legal professionals by offering a unique opportunity to reflect on how consumer protection and consumer policy fare in uncertain economic times. Professor Ramsay has a particular research interest in the regulation of consumer markets, and has written extensively in this area. He teaches consumer law at both undergraduate and postgraduate level, and is a member of numerous editorial boards for journals concerned with this area of law. UNIVERSITY OF KENT 15

16 Design concepts Hawkins\Brown Contact us: The Kent Law Reporter is produced by Daniel Lee, Communications and Admissions Officer at Kent Law School. Comments, suggestions and requests for news and information to be published in a future issue should be sent to d.r.lee@kent.ac.uk Design & Print Centre /11