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Seen by:A response on behalf of InterLaw Diversity Forum for LGBT Networks to the Ministry of Justice consultation on judicial appointments and judicial diversity
by Leslie Moran
The paper is co-produced with Daniel Winterfeldt, Co-chair of InterLaw diversity forum and partner at CMS Cameron McKenna and Laura Hodgson, Co Chair of InterLaw diversity forum and professional support lawyer at Norton Rose.
The paper is a response to the Ministry of Justice consultation, 'Appointments and Diversity: A judicairy for the 21st... more
The paper is a response to the Ministry of Justice consultation, 'Appointments and Diversity: A judicairy for the 21st century. The Ministry's paper includes a series of proposals to change the appointments process. One set of proposals focus on giving the Lord Chief Justice more responsibility for appointments to the lower levels of the judiciary. This 'fits' with the LCJ's role as head of the judiciary. The other group of questions focus on the appointment of judges in the High Court and above.
While InterLaw welcomes this review the Ministry's paper lacks any clear consideration of the inter-relationship between merit, diversity and the institutional mechanisms through which the judiciary are appointed. The InterLaw response offers some solutions to this gap in the Ministry's thinking. It also responds to the specific questions raised by the Ministry for consultation.
Human Rights Crisis in Somalia: The Role of Civil Society
Presented at Peace and Reconciliation in the Horn of Africa Conference, 9-10 November 2007, Stockholm, Sweden
Visual Justice: a review essay
by Leslie Moran
This review essay will be published in International Journal of Law in Context in 2012.
This is a review essay that engages with 3 recently published works on law and visual culture: Film and the Law (2nd... more
This is a review essay that engages with 3 recently published works on law and visual culture: Film and the Law (2nd Edition)
By Steve Greenfield, Guy Osborn and Peter Robson, Oxford: Hart, 2010; Legal Architecture: Justice, due process and the place of law, By Linda Mulcahy, Abingdon: Routledge, 2011; and Representing Justice: Invention, controversy, and rights in city-states and democratic courtrooms, New Haven: Yale University Press, 2011By Judith Resnik and Dennis Curtis. It uses the publication of these three book to explore the interface between law and visual culture. In various ways each of these studies demonstrates the need to qualify the legal obsession with the word and for legal scholars to have due regard to a wider range of visual cultural forms and practices that shape and represent law and legal practice. They also provide an opportunity to reflect on the apparent resistance to taking the visual dimensions of law more seriously.
Punitive Economies: the Criminalization of HIV Transmission and Exposure in Europe
Paper presented at The Future of Prevention Among MSM in Europe (FEMP 2011) in Stockholm on 11/11/11
This paper explores the scope, distribution and intensity of criminalization of HIV in the European and Central Asian... more This paper explores the scope, distribution and intensity of criminalization of HIV in the European and Central Asian countries. It discusses some of the possible reasons for this, and current and possible future developments in the area of decriminalization.
Barriers to Application for Judicial Appointment Research: Lesbian, Gay, Bisexual and Transgender Experiences
by Leslie Moran
Co-authored with Daniel WInterfeldt, Co-chair of Interlaw Diversity Forum for LGBT Networks and a partner in CMS Cameron Mackenna
The research published in this report is based upon new data that explores lesbian, gay bisexual and transgender... more The research published in this report is based upon new data that explores lesbian, gay bisexual and transgender perceptions and expectations of barriers to careers within the judiciary in England and Wales. It is a unique piece of research undertaken with legal practioners. It fills a gap in research and is a response to research undertaken by the Judicial Appointments Commission (JAC). The Interlaw study was undertaken with the support and assistance of the JAC. The report contains many recommendations for change. One of the proposals is to incorporate sexual orientation into JAC data collection. Just prior to publication of the report the JAC acted on this recommendation.
Prescribed and Proscribed Pathways: Sovereign Theory and Praxis in Academia
by Soo Tian Lee
Presented at the Critical Legal Conference 2011, hosted by Aberyswyth University in September 2011.
The ‘world’ of academia, like most worlds, is governed by a form of sovereignty whereby certain forms of writing and... more
The ‘world’ of academia, like most worlds, is governed by a form of sovereignty whereby certain forms of writing and practice are deemed ‘sufficiently academic’, ‘rigorous’ and ‘sound’ whereas other forms are judged to have fallen short of these standards and are hence not recognised as ‘serious’ enough to be admitted into this world. The existence of a paper, article or presentation within the academic milieu is contingent upon its adherence to customs practised by the various academic communities. To put it in another way, one can only bring an academic child into ‘life’ by playing by the rules. An example of a custom of content is quoting the right theorists (or the right publications by these theorists), while an example of a custom of form is reading (or not reading, as it may be) one’s paper almost verbatim. Hence, to go against the collective sovereign within academia is to be excluded, and to be effectively banned from meaningful participation under the law of the academe.
In this paper I shall attempt to think of (and to experiment with) what it means to resist this sovereign within the world we inhabit, through practices such as writing in an informal and/or polemical style, citing unorthodox sources, and/or blurring the lines between the academic paper and other forms such as artistic and dramaturgical presentations. By moving away from prescribed pathways and entering proscribed ones, my intention is to reflect upon what it means to be counter-academic, which may be distinguished from being anti-academic. And perhaps the apparent falling short may also be a form and a moment of excess.
stop! cried the ogre
before you may enter you
must pay a toll of
submission to the standards
of this world, or be denied
existence at all
(being qua being?).
‘In the beginning was the Inquirer...’: A View of the University from Below
by Soo Tian Lee
Presented at the 'Whose University?' symposium at Goldsmiths in June 2011.
Villages of Indomitable Gauls under Attack: The assault on havens of non-marketisation in post-1992 universities
by Soo Tian Lee
Presented at the Birkbeck School of Law Postgraduate Conference in May 2011.
With the passing of the Tory-LibDem fee cap hike by Parliament on 9 December 2011, higher education in the United... more With the passing of the Tory-LibDem fee cap hike by Parliament on 9 December 2011, higher education in the United Kingdom entered a state of affairs akin to a gun battle in the dark watches of the night. It is uncertain from which direction bullets will come streaming, and no-one knows who will survive; one thing, however, is abundantly clear: there will be casualties. The overture to the new wave of marketisation of education in the wake of the economic crisis rang eerily in the air a year ago when Middlesex University decided to close its acclaimed philosophy department, ostensibly due to financial considerations. On 31 March 2011, Greenwich University announced that it was axing the upcoming intake of single-honours philosophy BA students for reasons that, once analysed, seem to flout any form of reason. And in late April this year, London Metropolitan University announced the closure of 70% of its courses, with the hardest hit area of study being the arts and humanities. What ties these three incidences together is the fact that they are all courses and departments in post-1992 institutions which appear to be out-of-step with the dominant discourses prevalent among the managerial class of their respective universities. It can be argued that these discourses can be unified under a single name, that is, marketisation. Nevertheless, there are various elements that muddy the waters, from pedagogical ideology to theoretical politics. This paper attempts to theorise the nature of these departments as ones existing at the limits of the post-1992 universities they inhabit. These faculties, although working in the spirit of the pedagogical tradition of access to education which was the assumed driving force of these new universities, have revealed themselves to be at odds with the ideas presently dominant at the central regions of the institution, invigorated as these powers are by the new spirit of marketisation which is already shaking our windows and rattling our walls. The universities are, indeed, a-changin', and it is time we found some kind of way out of this ominous darkness around us.
The University Turned Upside Down: Status-Quo-Defying Ideas and Practices in Higher Education
by Soo Tian Lee
Presented at the Disobedience Conference at Birkbeck in May 2011.
In his study on the English Revolution titled The World Turned Upside Down, Christopher Hill re-examined a period of... more In his study on the English Revolution titled The World Turned Upside Down, Christopher Hill re-examined a period of history on which much had been written, but little had been said from any perspective other than the dominant one(s). His choice of focusing upon unorthodox ideas that sprang up during this period but which did not survive for their tale to be widely told is laudable, especially because he recognised the importance of what he identified as 'the lunatic fringe' of the time. Ideas and practices on the fringe have to constantly be recovered from the dusty records of them which exist but are generally ignored. Likewise, radical movements throughout the history of higher education have constantly pushed the boundaries of how the university could and should operate. When confronted with the status quo which prescribes the boundaries of higher education, students and rogue academics have responded by relocating themselves to the margins of the university where they have experimented with fresh ideas and ways of 'doing higher education'. In other words, their cry has been, “When they say 'stay put', we say 'uproot'!” These spaces are margins in two senses: first of all, they lie at the border between the institutional and the extra-institutional or counter-institutional; secondly, they lie at the limits where the universities at any given snapshot of history meet an-other university, which is in a way the university without condition. But in both senses, these are spaces where disobedience, against the ideologico-practical constraints of the university institution, is enacted. These practices (which although not necessary new are certainly fresh), while always containing traces of utopianism, go beyond negation to affirmation of a new view of higher education.
At the Limits of the Knowledge Factory: The Creation of Alter-Educational Space in University Occupations
by Soo Tian Lee
Presented at the Spaces of Alterity Conference in April 2011 at the University of Nottingham.
